2025:UHC:11067 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 1 1 TH DECEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO.2 3 6 0 of 2 0 2 5 Yogesh Mittal alias Yogesh Kumar Gupta ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Pankaj Kumar Sharma Advocate with Mr. Ankur Sharma, Advocate. Counsel for the Respondent : Mr. Sandeep Sharma, Assistant Government Advocate. Hon ’ble Alok Ku m ar Ver m a,J. The applicant- Yogesh Mittal alias Yogesh Kumar Gupta is in judicial custody for the offence punishable under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.83 of 2025, registered at Police Station Muni-Ki-Reti, District Tehri Garhwal. 2 . According to the First Information Report dated 12.10.2025, the applicant was apprehended by the police on suspicion. He was searched. The police recovered 201 gm smack from his bag. He was 1 2025:UHC:11067 arrested. 3 . Heard Mr. Pankaj Kumar Sharma, learned counsel for the applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent. 4 . Mr. Pankaj Kumar Sharma, Advocate, contended that the allegations of the police are totally false. Applicant has been falsely implicated by the police. He is an innocent person. The alleged smack was not recovered from his possession. There was no independent witness at the time of the alleged recovery from the applicant. This fact also supports the submission of the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the alleged recovered contraband does not fall under the category of commercial quantity. 5 . Mr. Sandeep Sharma, learned Assistant Government Advocate, has opposed the bail application orally. However, he has conceded on instruction that the applicant has no criminal antecedents. 6 . As per Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 5 gm of 2 2025:UHC:11067 heroin is small quantity and greater than 250 gm is commercial quantity (Entry No.56). 7 . The object of keeping the accused in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused. 8 . Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage. 9 . The Bail Application is allowed. 1 0 . Let the applicant – Yogesh Mittal alias Yogesh Kumar Gupta be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ALOK KUMAR VERMA, J. Dt: 11.12.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038e e7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452 F32DE6BA960BFE64D819EE44CA9CCE487B2 FE0F92, cn=NEHA BISHT Date: 2025.12.11 18:19:42 +05'30'