2025:UHC:8370 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 18TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1150 of 2025 Mohasin alias Moni Kaliya ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Divya Prakash Mittal, Advocate through video conferencing. Counsel for the Respondent : Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Mohasin alias Moni Kaliya is in judicial custody for the offence punishable under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.152 of 2025, registered at Police Station Jaspur, District Udham Singh Nagar. 2. According to the First Information Report dated 27.04.2025, the police recovered 8.05 gm smack (Heroin) from the possession of the applicant. 3. Heard Mr. Divya Prakash Mittal, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 1 2025:UHC:8370 4. Mr. Divya Prakash Mittal, Advocate, contended that the applicant has been falsely implicated in the present matter. The said narcotic contraband was not recovered from his possession. The said recovery was planted. There was no independent witness of the alleged recovery from the possession of the applicant. This fact also makes the story of the police doubtful. The quantity of the alleged recovered contraband does not fall within the category of commercial quantity. Applicant is not a convicted person. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he is in custody since 27.04.2025. 5. Mr. Chitrarth Kandpal, learned Brief Holder, has opposed the bail application. 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. 8. Having considered the submissions of learned 2 2025:UHC:8370 counsel for both the parties and in the facts and 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 – Mohasin alias Moni Kaliya 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:18.09.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01 be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819 EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.18 19:21:49 +05'30'