2025:UHC:8476 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22ND SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1328 of 2025 Gurmej Singh ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Suhail A Siddiqui, Advocate. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Gurmej Singh 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.117 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar. 2. According to the First Information Report dated 30.04.2025, the applicant was apprehended by the police. The police recovered 29.95 gm Heroin from his personal search. 3. Heard Mr. Suhail A Siddiqui, learned counsel for the applicant and Mr. Himanshu Sain, learned Brief Holder for the respondent. 1 2025:UHC:8476 4. Mr. Suhail A. Siddiqui, Advocate, contended that the alleged Heroin was not recovered from the possession of the applicant. The said recovery was planted. Applicant has been falsely implicated in the present matter. There was no independent witness at the time of the alleged recovery. This fact also supports the contention of the applicant. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Applicant is not a convicted person, and, the alleged recovered contraband does not fall under the category of commercial quantity. 5. Mr. Himanshu Sain, 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 or trial is not punishment. The main purpose is manifestly to secure the attendance of the accused. 8. Having considered the submissions of learned counsel for both the parties and in the facts and 2 2025:UHC:8476 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 – Gurmej Singh 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:22.09.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08 b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA 960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.22 18:23:02 +05'30'