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2026 DAILYLAW 3735 (UTT)

KUBER NATH v. STATE OF UTTARAKHAND

BA1/291/2026 · 2026-04-23

Ashish Naithani

body2026

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:3027 BA 1st No.291 of 2026 “Kuber Nath Vs. State of Uttarakhand” Hon’ble Ashish Naithani, J. Mr. Priyanshu Gairola, learned legal aid counsel for the Applicant. 2. Mr. Chitrarth Kandpal, learned Brief Holder for the State of Uttarakhand. 3. In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant – Kuber Nath S/o Shri Umesh Nath, who has been accused in Case Crime No.19 of 2025, under Sections 8/20 of the NDPS, Act at Police Station Lohaghat, District Champawat. 4. As per the prosecution story, the brief facts of the present case are that an FIR is lodged against the applicant on 5.6.2025 with allegations that the police party were on routine check and when they reached at a crossing near village Sui at around 15:34 hours, they came across the present Applicant. Upon seeing the police party the Applicant allegedly turned around and started walking in haste; The police party apprehended the Applicant and upon his search recovered 1 kg 110 grams of charas from his bag. The charas was allegedly seized and weighed, and the accused confessed to preparing it at Dher Nath Temple for sale in Gurgaon, Haryana. Other items, including a mobile phone, Rs. 4500 cash, and other personal belongings, were also seized. 5. Learned counsel for the Applicant submits that the Applicant has falsely been implicated in the present matter and he is languishing in jail since 06.06.2025. Stressing on the ground that the FIR number is mentioned in the arrest memo that precedes the lodging of the FIR and it is procedurally not feasible and the Applicant has no criminal history, and thus, it is requested that the Applicant may be enlarged on bail. 6. Learned State Counsel has vehemently opposed the bail application of the Applicant. 7. Considering the overall facts and circumstances of the case, the Applicant has made out a case for bail. 8. Accordingly, bail application is allowed. It is directed that the Applicant - Kuber Nath S/o Shri Umesh Nath, who has been accused in Case Crime No.19 of 2025, under Sections 8/20 of the NDPS, Act at Police Station Lohaghat, District Champawat, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him. (Ashish Naithani, J.) 23.04.2026 Nitesh/