2025:UHC:8371 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 18TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1339 of 2025 Danish Khan ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bhupendra Prasad, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Danish Khan is in judicial custody for the offence punishable under Section 8 read with Section 18 and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.76 of 2025, registered at Police Station Pulbhatta, District Udham Singh Nagar. 2. According to the First Information Report dated 18.06.2025, the police apprehended the applicant. They recovered 1026 gm Opium from the possession of the applicant. He was arrested. 3. Heard Mr. Bhupendra Prasad, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 1 2025:UHC:8371 4. Mr. Bhupendra Prasad, 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 Pilibhit (Uttar Pradesh), therefore, there is no possibility of his absconding, and, he is in custody since 18.06.2025. 5. Mr. Chitrarth Kandpal, learned Brief Holder, has opposed the bail application orally. 6. As per Table prepared under Section 2 (xxiii- a) and Section 2 (vii-a) of the Act, 1985, lesser than 25 grams of Opium is small quantity and greater than 2.5 Kg. of Opium is commercial quantity (Entry No.92). 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:8371 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 – Danish Khan 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=6f1c15b6305912b3 f008e9a4a8038ee7326b08b 2d0e018b01be753f014836d 27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC3377 9FB9677068452F32DE6BA96 0BFE64D819EE44CA9CCE48 7B2FE0F92, cn=NEHA BISHT Date: 2025.09.18 19:22:13 +05'30'