2025:UHC:9324 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/366/2025 Hon’ble Alok Mahra, J. Mr. Karan Singh Dugtal, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. Applicant – Jainul Aabdin, who is in judicial custody in connection with Case Crime/F.I.R. No. 32 of 2025, under Sections 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short N.D.P.S. Act) registered at Police Station Haldwani District Nainital, has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, on 02.02.2025, an F.I.R. was registered against the present applicant under Sections 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, alleging that on the same date, during routine checking, the applicant was apprehended by the police team and a narcotic substance was recovered from his possession. 6. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant was apprehended on 02.02.2025 at about 15:25 hours, whereas the F.I.R. was lodged later at about 17:40 hours. Surprisingly, the inventory report bears the F.I.R. number, which creates a serious doubt regarding the authenticity and credibility of the 2025:UHC:9324 prosecution case. It is further submitted that the applicant was not produced before the Magistrate and no certificate under Section 52-A of the NDPS Act has been issued by the Magistrate, thereby demonstrating non-compliance with the mandatory provisions of the Act. 7. Learned counsel would further submit that the applicant is in judicial custody since 03.02.2025; that, applicant was moved bail application before the learned court below and the same was rejected on 18.02.2025. It is also submitted that there is no likelihood of the applicant tampering with the prosecution evidence or misusing the liberty if released on bail. 8. Per contra, learned State counsel has opposed the bail application, however, fairly admits that the applicant is languishing in jail since 03.02.2025 and that his bail application was rejected by the court below on 18.02.2025. 9. Having considered the rival submissions and upon perusal of the material on record, and without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged 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. 2025:UHC:9324 (d) The applicant shall not tamper 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 Mahra, J.) 16.10.2025 Mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f 3e584af1449e430ef900bf09a6d6 7ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9ca bfd54852c9e68911ca8b66dd266 90a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2025.10.17 14:24:51 +05'30' 2025:UHC:9324