2025:UHC:10575 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 No.1403 of 2025 Hon ’ble Alok Mah r a, J. Mr. Sharang Dhulia, Advocate for the applicant. Mr. Akshay Latwal, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./ Case Crime No.0322 of 2025, under Sections 8, 22 & 29 of the N.D.P.S. Act, registered at Police Station Kotwali Jwalapur, District Haridwar. 3. In the F.I.R., it is stated that Zuber and the applicant was the partner in the shop and alleged contraband was recovered on the pointing out of the applicant from the house of the co-accused Zuber. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case, has no criminal history and is languishing in judicial custody since 25.06.2025. It is contended that co-accused Zuber has been granted ad interim anticipatory bail by this Court. He submits that there is non-compliance of Section 42 of the N.D.P.S. Act. Learned counsel for the applicant has placed reliance on the judgment of the Hon’ble Supreme Court in Narcotics Control Bureau Vs. Kashif, reported in (2024) 11 SCC 372, wherein it has been held that procedural irregularities and non-compliance with mandatory provisions under the N.D.P.S. Act are material considerations while adjudicating bail applications. It was further held that although Section 37 of the Act prescribes stringent twin conditions for the grant of bail, the Court is nonetheless required to examine whether serious procedural lapses 2025:UHC:10575 exist which may undermine the credibility of the prosecution case. 5. Per contra, learned State Counsel has strenuously opposed the bail application. 6. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 7. The bail application is allowed. 8. Let the applicant, namely, Amir be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject to the following conditions: (i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. (iii) The applicant shall not leave India without any prior permission of the trial Court. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the complainant/ informant will be free to move the court for cancellation of bail. ( Alok Mah r a, J.) 27.11.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048 5365445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9 D454C5109CB987446351E4DF04AADAA2C2CE A66, cn=ARPAN JAISWAL Date: 2025.11.27 18:15:13 +05'30'