2025:UHC:8544 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 23RD SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1355 of 2025 Sukhdev Singh ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mani Kumar, Advocate with Mr. Manoj Bhatt, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Sukhdev 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.137 of 2025, registered at Police Station Nanakmatta, District Udham Singh Nagar. 2. According to the First Information Report dated 10.07.2025, the police apprehended the applicant and recovered 37.67 gm Heroin from his possession. He was arrested. 1 2025:UHC:8544 3. Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Mani Kumar, Advocate, contended that the applicant has been falsely implicated in the present matter. The alleged narcotic contraband was not recovered from the possession of the applicant. The said recovery was planted. There was no independent witness at the time of the alleged recovery. This fact also supports the submissions of the applicant. 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, the alleged recovered contraband does not fall under the category of the commercial quantity. 5. Mr. Pradeep Lohani, 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. 2 2025:UHC:8544 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 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 – Sukhdev 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:23.09.2025 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=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0 e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BF E64D819EE44CA9CCE487B2FE 0F92, cn=NEHA BISHT Date: 2025.09.23 18:57:50 +05'30'