2025:UHC:10651 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 / 1 9 2 1 / 2 0 2 5 Hon ’ble Alok Mah r a, J. Mr. Amit Kapri, learned counsel for the applicant. 2. Mr. J.P. Kandpal, learned Brief Holder for the State. 3. A delay condonation application along with an affidavit has been filed, praying that the delay in filing the counter affidavit be condoned. The cause shown is found sufficient. The delay in filing the counter affidavit is hereby condoned. The delay condonation application is allowed. Counter affidavit is taken on record. 4. Applicant- Kamal Sagar, who is in judicial custody in connection with FIR/Case Crime No. 13 of 2025, under Sections 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985, registered at Police Station Thana Naachani, District Pithoragarh has sought his release on bail. 5. Heard learned counsel for the parties and perused the record. 6. As per the prosecution case, on 22.09.2025, an F.I.R. was lodged against the applicant alleging that during routine checking, the police apprehended him and recovered 0.867 grams of Charas from his possession. 7. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated. It is contended that the mandatory provisions of the N.D.P.S. Act were not complied with at the time of arrest and during the alleged recovery; that the recovery is wholly false and fabricated, and nothing was recovered 2025:UHC:10651 from the possession of the applicant. 8. It is further submitted that the applicant is in judicial custody since 22.09.2025; that, his bail application was rejected by the court below vide order dated 04.10.2025 in a cursory manner; that, although he has one previous case i.e. Case Crime No. 79 of 2022 under Section 8/20 N.D.P.S. Act involving recovery of 0.280 grams, he has already been granted bail therein; that the applicant is a permanent resident of District Nainital and there is no likelihood of his absconding; and that the trial is likely to take considerable time, therefore, he deserves to be enlarged on bail. 9. 9. Per contra, learned State counsel would vehemently oppose the bail application on the ground of the applicant’s previous criminal case as noted above, though he fairly admits that the applicant is on bail in that matter. He further submits that the applicant is in judicial custody since 22.09.2025 and that his bail application was rejected by the court below on 04.10.2025. 9. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 10. Accordingly, the 1st bail application is allowed on the following conditions:- (a) The applicant shall execute a personal bond and furnish two reliable sureties in the like amount to the satisfaction of the trial court. (b) The applicant shall not leave the country without prior permission of the court. (c) The applicant shall appear before the investigating officer as and when required and cooperate with the investigation. (d) The applicant shall not tamper 2025:UHC:10651 with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (e) The applicant shall surrender his passport, if any, to the court or to the investigating agency, to preclude risk of absconding. 11. The bail granted to the applicant shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicant is found to have misused the liberty granted to him. [ ( Alok Mahr a, J.) 28.11.2025 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430 ef900bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e6891 1ca8b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2025.12.01 17:16:17 +05'30'