2025:UHC:8221 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 15TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1435 of 2025 Lovenath ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Ashish Aggarwal, Advocate holding brief of Mr. Ankur Sharma, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, Assistant Government Advocate assisted by Mr. Himanshu Sain, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Lovenath is in judicial custody for the offence under Section 8 read with Section 21 and Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.444 of 2025, registered at Police Station Pathri, District Haridwar. 2. According to the First Information Report, the police party recovered 18.58 gm smack (Heroin) from the possession of the applicant on 24.07.2025. He was arrested. 1 2025:UHC:8221 3. Heard Mr. Ashish Aggarwal, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for respondent. 4. Mr. Ashish Aggarwal, Advocate, submitted that the applicant is an innocent person. The alleged contraband was not recovered from his possession. The said recovery was planted. There was no independent witness at the time of the alleged recovery. This fact also makes the police story doubtful. The alleged recovered contraband is below than commercial quantity. Applicant has no criminal antecedents. He is in custody since 24.07.2025, and, he is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. 5. Mr. Pratiroop Pandey, learned Assistant Government Advocate, has opposed the bail application orally. 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 2 2025:UHC:8221 attendance of the accused. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities. 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 – Lovenath 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:15.09.2025 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=6f1c15b6305912b3f008e9a4a8038ee 7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F3 2DE6BA960BFE64D819EE44CA9CCE487B2FE0 F92, cn=NEHA BISHT Date: 2025.09.15 18:26:58 +05'30'