2026:UHC:581 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/92/2026 Hon’ble Alok Mahra, J. Mr. Vishwast Kandpal, learned counsel for the applicant. 2. Mr. B.C. Joshi, learned A.G.A. along with Mr. Chitrarth Kandpal, learned Brief Holder for the State. 3. Applicant–Bhagwan Singh, who is in judicial custody in connection with Case Crime/F.I.R. No. 0003 of 2026, under Section 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985, registered at Police Station Jajardewal, District Pithoragarh has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. The F.I.R. was lodged on 07.01.2026 by the complainant, a Sub-Inspector of Police, alleging that while he along with three other police personnel was on patrolling duty for maintaining peace and tranquillity, they reached Chintoli, where the police vehicle was parked. Thereafter, they proceeded about 40 metres downhill, where a shop attached to a house was found and the applicant was allegedly standing there. It is also alleged that on suspicion, the shop was searched and a black coloured contraband, kept inside a transparent polythene and concealed on the top of biscuit packets in a wooden rack, was recovered. 6. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. It is contended that the alleged recovery of 508 grams of charas is below the commercial quantity. It is further 2026:UHC:581 submitted that there was no prior information or warrant authorising the search, and that the police party entered the shop after sunset, i.e., at about 7:50 p.m. It is argued that the version of the prosecution is not believable, as the police allegedly targeted a specific shop in a village and later described the recovery as a chance recovery merely to circumvent the rigours of Section 50 of the N.D.P.S. Act. It is further contended that there is non-compliance of Section 42 of the N.D.P.S. Act. 7. Learned counsel would further submit that the applicant has no previous criminal history and is languishing in jail since 07.01.2026. The bail application moved before the court below was rejected vide order dated 14.01.2026. It is also submitted that the applicant is a permanent resident of District Pithoragarh, and therefore, there is no likelihood of his absconding and considering that the trial is likely to take considerable time for its conclusion, the applicant deserves to be released on bail. 8. Learned State counsel would vehemently oppose the bail application on the ground that Charas has been recovered from the possession of the applicant. However, he fairly admits that the applicant is in judicial custody since 07.01.2026 and that his bail application was rejected by the court below vide order dated 14.01.2026. 9. Having considered the submissions advanced by learned counsel for the parties and 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. 10. Accordingly, the first bail application is allowed subject to the following conditions: (a) The applicant shall execute a personal bond and furnish two reliable sureties in the like amount to the satisfaction of the trial court. (b) The applicant shall not leave the 2026:UHC:581 country without prior permission of the court. (c) The applicant shall appear before the investigating officer as and when required and cooperate with the investigation. (d) The applicant shall not tamper with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (e) The applicant shall surrender his passport, if any, to the court or to the investigating agency, to preclude risk of absconding. 11. The bail granted to the applicant shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicant is found to have misused the liberty granted to him. (Alok Mahra, J.) Vacation Judge 19.01.2026 Mamta 2026:UHC:581