2026:UHC:427 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA2 No.6 of 2 0 2 6 Hon ’ble Alok Mah r a, J. Mr. Sanjay Kumar Chandel, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. Applicant–Hitesh Singh@Bhuri, who is in judicial custody in connection with Case Crime/F.I.R. No. 239 of 2025, under Section 8/20/29/60 of the Narcotics Drugs and Psychotropic Substances Act, 1985 registered at Police Station Ramnagar, District Nainital has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. This is the second bail application moved by the applicant. The first bail application was rejected by this Court vide order dated 20.11.2025. 6. As per the prosecution case, on 27.06.2025, an F.I.R. was lodged against the applicant alleging that during routine checking conducted by the police, the police apprehended the applicant and recovered contraband from his possession. 7. Learned counsel for the applicant would submit that the applicant is innocent person and has falsely been implicated in the alleged offence. It is contended that, according to the version of the F.I.R., the applicant was first arrested and thereafter a recovery of contraband was claimed to have been effected from his instance while he was already in police custody. He would further submit that a bare perusal of the F.I.R. reveals that no incriminating articles were found on the person of the applicant at the time of arrest. Furthermore, there is no record or document linking the applicant to the alias "Bhuri," 2026:UHC:427 whether in public records or in any of the applicant’s personal documents. It is also submitted that the specific grounds for arrest were not communicated to the applicant at the time of his arrest. 8. Learned counsel for the applicant would further submit that the arrest of the applicant is illegal, arbitrary, and in gross violation of the statutory safeguards provided under the Narcotic Drugs and Psychotropic Substances Act, 1985, as well as the fundamental rights guaranteed under the Constitution of India. At the time of arrest, the applicant was not informed of the specific and definite grounds justifying his arrest, in contravention of the mandate of Article 22(1) of the Constitution and Section 50 of the Criminal Procedure Code. The arrest memo does not reflect any independent application of mind, nor does it record any reason necessitating the arrest, which renders it procedurally defective and impermissible under law. 9. It is further submitted that the applicant was neither supplied with the written grounds of arrest at the time of arrest nor were such grounds read over and explained to him in a language that he understands. This non- compliance strikes at the very root of the personal liberty of the applicant, guaranteed under Article 21 of the Constitution. 10. It is further submitted that the applicant is not a previous convict; that, he is languishing in jail since 09.09.2025; that, the applicant is a permanent resident of District Nainital; that, there is no likelihood of his absconding or tampering with the prosecution evidence; and that the trial is not likely to conclude in the near future. 11. Per contra, learned State counsel would vehemently oppose the bail application, however, he would submit that the applicant is languishing in since 09.09.2025 and the applicant is a permanent resident of District Nainital. 12. Having considered the submissions advanced by learned counsel for the parties 2026:UHC:427 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 13. Accordingly, the 2nd bail application is allowed on the following conditions:- (a) The applicant shall execute a personal bond and furnish two reliable sureties in the like amount to the satisfaction of the trial court. (b) The applicant shall not leave the country without prior permission of the court. (c) The applicant shall appear before the investigating officer as and when required and cooperate with the investigation. (d) The applicant shall not tamper with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (e) The applicant shall surrender his passport, if any, to the court or to the investigating agency, to preclude risk of absconding. 14. The bail granted to the applicant shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicant is found to have misused the liberty granted to him. [ ( Alok Mahr a, J.) 09.01.2026 Mamta