2026:UHC:1038 SL. No. Dat e Of f ice Not es, r epor t s, or ders 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 BA1 No. 2 2 5 8 of 2 0 2 5 Sher Mohammad --Applicant Ver su s State of Uttarakhand --Respondent Hon 'ble Ash ish Nait h an i, J., Mr. Ankur Singhal, learned counsel holding brief of Mr. Harshpal Sekhon, learned counsel for the Applicant. 2. Mr. Dinesh Chauhan, learned Brief Holder for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant – Sher Mohammad, aged about 35 years, S/o Rafeek Ahmad, R/o Village Bahipura, Post Siyatheri, Police Station Baheri, District Bareilly, Uttar Pradesh. The Applicant is in judicial custody in connection with FIR No. 356 of 2025, registered at Police Station Kichha, District Udham Singh Nagar, under Sections 8, 18 and 60 of the N.D.P.S. Act, 1985. 4. Heard Mr. Ankur Singhal, learned counsel for the Applicant, and Mr. Dinesh Chauhan, learned Brief Holder for the State, and perused the record. 5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated and has not committed the alleged offence. It is further submitted that the co-accused has already been granted bail and, therefore, the present Applicant is entitled to the benefit of parity. It is also submitted that the Applicant has no criminal antecedents and that the contraband (opium) allegedly recovered from the Applicant is below commercial quantity. The Applicant is stated to be in custody since 04.11.2025. It is further contended that the mandatory provisions of the NDPS Act have not been complied with in the 2026:UHC:1038 present case. 6. On the other hand, learned Brief Holder for the State has opposed the bail application. 7. Considering the facts and circumstances of the case, especially that the co-accused has already been granted bail, and without commenting on the merits of the case, this Court is of the view that the Applicant may also be released on bail at this stage. 8. Accordingly, the Bail Application is allowed. 9. Let the Applicant be released on bail upon his 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. ( Hon 'ble Ash ish Nait h an i, J.) 1 7 -0 2 - 2 0 2 6 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fb d40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B528 3D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.02.17 17:21:26 +05'30' 2026:UHC:1038