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2026 DAILYLAW 302 (UTT)

JAY BAHADUR DHAMI v. STATE OF UTTARAKHAND

BA1/232/2026 · 2026-02-18

Ashish Naithani

body2026

Judgment text

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2026:UHC:1086 SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 232 of 2026 Jay Bahadur Dhami --Applicant Versus State of Uttarakhand --Respondent Hon'ble Ashish Naithani, J., Mr. Akram Parvez, learned Legal Aid 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- Jay Bahadur Dhami, aged about 29 years, S/o Shri Ang Bahadur Dhami, R/o Salkatay, Police Station Jhapa, District Bajang, Far-Western Nepal. The Applicant is in judicial custody in connection with Case Crime No. 80 of 2025, registered at Police Station Kotwali Tanakpur, District Champawat, under Sections 8/20 of the N.D.P.S. Act, 1985. 4. Heard Mr. Akram Parvez, learned Legal Aid Counsel for the Applicant, and Mr. S.S. Chauhan, learned Deputy Advocate General, assisted by Mr. Vikash Uniyal, learned Brief Holder for the State. Perused the record. 5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated and there is no credible evidence connecting him with the alleged offence. It is further submitted that the alleged recovery of 880 grams of charas from the possession of the Applicant constitutes an intermediate quantity, being less than the commercial quantity of one kilogram. Therefore, the stringent conditions for grant of bail as contemplated under Section 37 of the N.D.P.S. Act are not attracted in the present case. It is also submitted that the 2026:UHC:1086 mandatory provisions of Section 50 of the N.D.P.S. Act have not been complied with. 6. Learned State Counsel has opposed the Bail Application. 7. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the matter, this Court is of the view that the Applicant is entitled to be released on bail at this stage. 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.) 18-02-2026 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29 BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.02.18 17:32:21 +05'30' 2026:UHC:1086