2025:UHC:9206 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/507/2025 Hon’ble Alok Mahra, J. Mr. Vikas Kumar Guglani along with Mr. Mehboob Rahi, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Dinesh Chauhan, learned Brief Holder for the State. 3. Applicant – Nadeem, who is in judicial custody in connection with Case Crime/F.I.R. No. 0482 of 2024, under Sections 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short N.D.P.S. Act) registered at Police Station Kashipur District Udham Singh Nagar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, on 17.12.2024, an F.I.R. was registered against accused person, namely, Munazir under Sections 8/21/29 of the NDPS Act. It was alleged that on 16.12.2024, one Munazir was apprehended by the police, and a .315 bore firearm, two live cartridges, and 271 grams of smack were recovered from his possession. 6. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case, as his name is not mentioned in the F.I.R; that, the name of the present applicant came up only from the confession of the accused, Munazir. It was also pointed out that the applicant was arrested three months after the 2025:UHC:9206 alleged incident; that, the applicant had earlier moved a bail application before the learned court below, which was rejected on 17.03.2025. He also contended that there is no likelihood of the applicant tampering with evidence or misusing the liberty if released on bail. 7. Per contra, learned State counsel would strongly oppose the bail application, arguing that the applicant was arrested three months later because he had earlier surrendered in another pending case. However, he admitted that the arrest in the present case on the confessional statement of the accused Munazir and noted that the court had already rejected the applicant’s earlier bail application on 17.03.2025. 8. 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. 9. 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 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 2025:UHC:9206 investigating agency, to preclude risk of absconding. 10. 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.) 15.10.2025 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46 f244f3e584af1449e430ef90 0bf09a6d67ebbd64267132 9b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f 1d9cabfd54852c9e68911ca 8b66dd26690a191648ab5d 8dd004ef0, cn=MAMTA RANI Date: 2025.10.16 17:11:51 +05'30'