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2026 DAILYLAW 3217 (UTT)

SAURABH KUMAR v. STATE OF UTTARAKHAND

BA1/2415/2025 · 2026-04-20

Ashish Naithani

body2026

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S 2026:UHC:2874 BA1 No. 2415 of 2025 Saurabh Kumar ....Applicant Vs. State of Uttarakhand ......Respondent Hon’ble Ashish Naithani, J. Mr. Deepak Petshali, learned counsel for the Applicant. 2. Mr. Dinesh Chauhan, learned A.G.A. for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant—Saurabh Kumar, S/o Mahipal Singh, R/o Village Hasanpur Kala, P.S. Kithore, District Meerut, Uttar Pradesh. The Applicant is in judicial custody in connection with Case Crime No. 19 of 2025, registered at Police Station Deyghat, District Almora, for the offences punishable under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”). 4. Heard Mr. Deepak Petshali, learned counsel for the Applicant, and Mr. Dinesh Chauhan, learned A.G.A. for the State. The record has been perused. 5. Learned counsel for the Applicant submits that the Applicant has been in judicial custody since 18.11.2025 and has been falsely implicated in the present case. It is further submitted that the alleged contraband, namely ganja, weighing 25.300 kg, was recovered jointly from the possession of the present Applicant and the co- accused. It is contended that the co-accused was driving the vehicle and the Applicant was merely sitting therein. The contraband was recovered from the vehicle belonging to the co-accused and is stated to belong to him, not to the present Applicant. It is further submitted that the co-accused has already been granted bail by this Court vide order dated 23.02.2026, and thus, the case of the present Applicant stands on parity. Accordingly, it is prayed that the Applicant be enlarged on bail. 6. Per contra, learned State Counsel has strongly opposed the bail application, submitting that the alleged contraband is of commercial quantity. 7. After hearing learned counsel for the parties and upon perusal of the record, this Court finds that, at this stage, the grounds urged on behalf of the Applicant for grant of bail appear to be well- founded. Without expressing any opinion on the merits of the case, 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.) 20.04.2026 Shiksha