2025:UHC:3623 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI 8th May, 2025 FIRST BAIL APPLICATION NO. 778 of 2025 Monu Kumar …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Bhuvnesh Joshi, Advocate. Counsel for the State : Mr. G.C. Joshi, A.G.A. along with Rakesh Negi, Brief Holder. Hon’ble Ashish Naithani, J. The present Bail Application has been moved by the applicant-Monu Kumar, aged about 29 years (S/o Shri Phool Singh, R/o Village Khedi, Sikohpur/Bhagwanpur Police Station Bhagwanpur, District Haridwar). The applicant is in judicial custody in connection with FIR No. 40 of 2024, registered at Police Station Purola, District Uttarkashi, under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard Mr. Bhuvnesh, learned counsel for the applicant and Mr. G.C. Joshi, A.G.A. along with Mr. Rakesh Negi, Brief Holder for the State and perused the record. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present matter on the confessional statement of the co-accused persons; there is no independent witness of the alleged recovery; applicant has no previous criminal history or 1 First Bail Application No. 778 of 2025 – Monu Kumar Vs State of Uttarakhand. Ashish Naithani J. 2 2025:UHC:2250 conviction to his credit; and as per mandatory provisions of Section 50 of the NDPS Act, compliance is not met with and the applicant is in jail since 28.11.2024. He further submits that the co-accused, namely, Smt. Shanti Prasad Bhatt and Shavej had already been granted bail by this Court vide order dated 28.03.2025 and 24.04.2025 respectively. It is also argued that the case of the present applicant is on the same footing as that of the co-accused, therefore, the principle of parity should be applied and the present applicant is also entitled for bail on the ground of parity. 4. On the other hand, learned A.G.A. for the State opposed the bail application. However, it is not disputed that the co-accused had already been granted bail by this Court in similar circumstances. 5. Considering the facts and circumstances of the case, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage on the ground of parity. 6. The bail application is allowed. 7. Let the applicant be released on bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. 8. All pending applications stand disposed of, if any. ___________________ ASHISH NAITHANI, J. Dt: 08.05.2025 Shiksha 2 First Bail Application No. 778 of 2025 – Monu Kumar Vs State of Uttarakhand. Ashish Naithani J. SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd 40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283 D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.05.08 16:55:18 +05'30'