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2026 DAILYLAW 2008 (UTT)

GULJAR v. STATE OF UTTARAKHAND

BA1/379/2026 · 2026-04-02

Ashish Naithani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2026:UHC:2366 BA1 No. 379 of 2026 Guljar --Applicant Versus State of Uttarakhand --Respondent Hon’ble Ashish Naithani, J. Ms. Sheetal Selwal, learned counsel for the Applicant. 2. Mr. S.S. Chauhan, learned Deputy Advocate General for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant—Guljar, aged about 19 years, S/o Shri Afsar Ali, R/o H.P. Godam, Tanda, Mallu Ramnagar, Thana Ramnagar, District Nainital. The Applicant is in judicial custody in connection with FIR No. 06 of 2026, registered at Police Station Salt, District Almora, for the offences punishable under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”). 4. Heard Ms. Sheetal Selwal, learned counsel for the Applicant, and Mr. Chitrartha Kandpal, learned Brief Holder for the State. The record has been perused. 5. Learned counsel for the Applicant submits that the contraband, namely ganja, allegedly recovered from the Applicant weighs 18.350 kg, which is below commercial quantity. It is further submitted that the Applicant has no criminal history and that the mandatory provisions of the NDPS Act have not been complied with. It is also submitted that co-accused, namely Nassir Hussain and Mohd. Azam, have already been granted bail by this Court vide order dated 20.03.2026, and the present case stands on parity. 6. Learned State Counsel opposed the Bail Application, contending that the matter is still under investigation and that recovery has been made from the possession of the Applicant; however, it is admitted that the present case stands on parity. 7. Considering the submissions advanced by learned counsel for the Applicant, particularly the fact that the alleged recovery is below commercial quantity, the Applicant has no criminal history, and co- accused have already been granted bail, this Court is of the view that the case of the Applicant stands on parity. Accordingly, without expressing any opinion on the merits of the case, sufficient grounds for grant of bail are made out. 8. Accordingly, the Bail Application is allowed. 9. Let the Applicant be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned. 10. All pending applications, if any, stand disposed of. (Ashish Naithani, J.) 02.04.2026 Shiksha