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2026 DAILYLAW 4303 (UTT)

MAJHAR KHAN ALIAS SONU v. STATE OF UTTARAKHAND

BA1/677/2026 · 2026-04-28

Ashish Naithani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S 2026:UHC:3229 BA1 No. 677 of 2026 Majhar Khan Alias Sonu ....Applicant Vs. State of Uttarakhand ......Respondent Hon’ble Ashish Naithani, J. Ms. Sheetal Selwal, learned counsel for the Applicant. 2. Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant—Majhar Khan alias Sonu, S/o Shri Athar Khan, R/o Chhoti Road Near Mohammadi Chauk, Thana Banbhulpura, District Nainital, originally resident of Eidgah Chauraha, Khera, Kotwali Rudrapur, District Udham Singh Nagar. The Applicant is in judicial custody in connection with F.I.R. No. 0205 of 2025, registered at Police Station Banbhulpura, District Nainital, for the offences punishable under Sections 8/20/60 of the N.D.P.S. Act, 1985. 4. Heard Ms. Sheetal Selwal, learned counsel for the Applicant, and Mr. Vikash Uniyal, learned Brief Holder for the State. Perused the record. 5. Learned counsel for the Applicant submits, as a primary ground for consideration of bail, that the Applicant has been falsely implicated in the present matter and is languishing in jail since 19.08.2025. It is submitted that there is no independent witness to the alleged recovery and the mandatory provisions of the NDPS Act have not been complied with. It is further submitted that the alleged contraband does not belong to the Applicant and the recovery shown by the prosecution is false and foisted. Learned counsel also submits that the co-accused has already been granted bail by this Court and the present Applicant stands on parity with the said co-accused. 6. Per contra, learned State Counsel has opposed the Bail Application. 7. After hearing learned counsel for the parties and upon perusal of the record, this Court finds sufficient grounds to allow the bail application. Considering, inter alia, that the co-accused has already been granted bail and the present Applicant claims parity, 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. The bail is granted subject to the condition that the Applicant shall not misuse the liberty of bail, shall cooperate in the trial, and shall not tamper with prosecution evidence. 11. All pending applications, if any, shall stand disposed of. (Ashish Naithani, J.) 28.04.2026 Shiksha