2025:UHC:9274 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1247/2025 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 – Surendra Singh, who is in judicial custody in connection with Case Crime/F.I.R. No. 113 of 2025, under Sections 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short N.D.P.S. Act) registered at Police Station Kichha, 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, an F.I.R. was registered against the present applicant under Sections 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), alleging that during routine checking, the applicant was apprehended by the police team on 07.04.2025 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 argued that the alleged recovery is fabricated and that the mandatory provisions of the NDPS Act pertaining to the search and seizure were not complied with by the police personnel at the time of the alleged recovery. It is further submitted that the applicant is suffering from HIV and is unable to perform his day-to-day activities due to his ill health condition. 7. On the previous date of hearing, i.e., 14.10.2025, the learned State counsel was orally directed to verify the applicant’s medical 2025:UHC:9274 condition regarding the alleged HIV infection. 8. Learned State counsel would submit that a communication from the Jailor, Sub-Jail Haldwani, District Nainital, enclosing a report from the Senior Medical Officer of the same jail, has been received. As per the said report, the applicant is a known case of HIV and has tested positive through the Single Test Reactive method. 9. A copy of the report has been produced before this Court. Same is taken on record. 10. Having considered the rival submissions, the material placed on record, and taking into account the applicant’s medical condition, this Court, without expressing any opinion on the merits of the case, is of the view that the applicant deserves to be enlarged on bail. 11. 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 investigating agency, to preclude risk of absconding. 12. 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 MAMT A RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3 e584af1449e430ef900bf09a6d67e bbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabf d54852c9e68911ca8b66dd26690a 191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2025.10.17 14:28:28 +05'30' 2025:UHC:9274