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2026 DAILYLAW 2174 (UTT)

SHIVAM v. STATE OF UTTARAKHAND

BA1/304/2026 · 2026-04-06

Ashish Naithani

Transfer Petitionbody2026

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 2026:UHC:2419 BA1 No. 304 of 2026 Shivam ....Applicant Vs. State of Uttarakhand ......Respondent Hon’ble Ashish Naithani, J. Mr. Bilal Ahmed, learned counsel for the Applicant. 2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant—Shivam, aged about 30 years, S/o Pratap, R/o Village Majhol Jabardastpur, P.S. Deoband, District Haridwar. The Applicant is in judicial custody in connection with Case Crime No. 33 of 2026, registered at Police Station Manglour, District Haridwar, for the offences punishable under Section 8 read with Section 22(c) of the N.D.P.S. Act, 1985. 4. Heard Mr. Bilal Ahmed, learned counsel for the Applicant, and Mr. S.S. Chauhan, learned Deputy Advocate General, assisted by Mr. Vikash Uniyal, learned Brief Holder for the State. The record has been perused. 5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the present case and is in judicial custody since 15.01.2026. It is further submitted that there is no independent witness to the alleged recovery and that the mandatory provisions of the N.D.P.S. Act have not been complied with. It is also submitted that the alleged contraband is below commercial quantity. 6. Learned State Counsel opposes the Bail Application, contending that the Applicant has a criminal history of three cases and that, if released on bail, there is a likelihood of tampering with evidence, influencing witnesses, and absconding. 7. Considering the aforesaid facts and circumstances of the case, and without expressing any opinion on the merits, this Court is of the view that the Applicant has made out a case for grant of bail. 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.) 06.04.2026 Shiksha