2025:UHC:7383 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21st AUGUST, 2025 FIRST BAIL APPLICATION NO.363 of 2025 Aakash Kohli ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Ms. Gurbani Singh, Legal Aid Counsel. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate with Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant Aakash Kohli is in judicial custody under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.654 of 2022, registered at Police Station Haldwani, District Nainital. 2. According to the First Information Report dated 16.12.2022, the police party recovered 117.5 gm. smack (heroin) from the possession of the applicant. 3. Heard Ms. Gurbani Singh, learned Legal Aid Counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent. 1 2025:UHC:7383 4. Ms. Gurbani Singh, Legal Aid Counsel, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery. This fact also makes the police story doubtful. The alleged recovered contraband is below from commercial quantity. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar. 5. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the bail application orally. 6. As per Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 5 gm of 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. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities. 8. Having considered the submissions of learned counsel for both the parties and in the facts and 2 2025:UHC:7383 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. 10. Let the applicant – Aakash Kohli 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:21.08.2025 Shiv/ 3