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:2363
BA1 No. 206 of 2026 Gulzar --Applicant
Versus State of Uttarakhand --Respondent Hon’ble Ashish Naithani, J. Mr. Abhishek Verma, learned counsel for the Applicant.
2. Mr. Chitrartha Kandpal, learned Brief Holder for the State of Uttarakhand.
3. The present Bail Application has been moved by the Applicant – Gulzar, aged about 42 years, S/o Hameed Hasan, R/o Village Shahpur, Hasanpur, Police Station Bhagwanpur, District Haridwar. The Applicant is in judicial custody in connection with Case Crime No. 302 of 2021, registered at Police Station Bhagwanpur, District Haridwar, under Sections 8 read with Section 21 of the NDPS Act, 1985.
4. Heard Mr. Abhishek Verma, learned counsel for the Applicant, and Mr. Chitrartha Kandpal, learned Brief Holder for the State. Perused the record.
5.
Learned counsel for the Applicant submits that, during the course of trial, the Applicant was enlarged on bail and there has been no default on his part in complying with the conditions of bail. It is further submitted that the alleged recovery is 14.30 grams of smack, which falls below commercial quantity.
6. Learned State Counsel opposed the bail application, contending that the charge-sheet has been filed and the FSL report confirming the substance as smack has been received.
7. Considering the facts and circumstances of the case and upon
perusal of the record, this Court finds that, at this stage, sufficient grounds exist for grant of bail. Firstly, the matter involves recovery of contraband, namely smack (heroin), weighing 14.30 grams, which falls within the category of non-commercial quantity. Secondly, the Applicant was enlarged on bail during the course of trial and has not misused the liberty so granted. Without expressing any opinion on the merits of the case, this Court is of the view that the Applicant is entitled to be released on bail.
8. Accordingly, the Bail Application is allowed.
9. Let the Applicant be released on bail upon his 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