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2026 DAILYLAW 3700 (UTT)

ANAS v. STATE OF UTTARAKHAND

BA1/160/2026 · 2026-04-24

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:3118 BA1 No. 160 of 2026 Anas ....Applicant Vs. State of Uttarakhand ......Respondent Hon’ble Ashish Naithani, J. Ms. Sheetal Selwal, 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—Anas, S/o Khalil Ur Rehman, R/o Behind Khwaja Communications, Main Road near Railway Line, Indranagar, Thana Banbhoolpura, District Nainital. The Applicant is in judicial custody in connection with F.I.R. No. 219 of 2025, registered at Police Station Banbhoolpura, District Nainital, for the offences punishable under Sections 8/22/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”). 4. Heard Ms. Sheetal Selwal, learned counsel for the Applicant, and Mr. Dinesh Chauhan, learned A.G.A. for the State. Perused the record. 5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the present case and is languishing in jail since 06.09.2025 and has no criminal history. It is further submitted that mandatory provisions of the NDPS Act have not been complied with and the alleged recovery is a planted one. Furthermore, the contraband so recovered is below commercial quantity. It is also submitted that the FIR number was already mentioned at the time of preparation of the arrest memo, which casts doubt on the prosecution case. On such grounds, prayer has been made to enlarge the Applicant on bail. 6. Per contra, learned State Counsel opposed the Bail Application contending that the FSL report is positive and the alleged contraband recovered is of non-commercial quantity. It is, therefore, submitted that the Applicant is not entitled to be enlarged on bail. 7. After hearing learned counsel for the parties and upon perusal of the record, this Court finds sufficient grounds to allow the bail application. Prima facie, the alleged recovery is of non-commercial quantity. The submissions raised regarding compliance of mandatory provisions and discrepancy relating to mention of FIR number in the arrest memo are matters which lend arguable substance to the defence and are issues to be tested during trial. Considering the quantity involved, period of incarceration, absence of criminal antecedents brought on record, and without expressing any opinion on the merits of the matter, this Court is of the view that the present case is fit for grant of bail at this stage. 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.) 24.04.2026 SB