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:3616
BA1 No. 595 of 2026 Shavez Khan alias Sameer
....Applicant
Vs. State of Uttarakhand ......Respondent Hon ’ble Ash ish Nait han i, J. Ms. Sheetal Selwal, learned counsel for the Applicant.
2. Mr. J.P. Kandpal, learned A.G.A. for the State of Uttarakhand.
3. The present Bail Application has been moved by the Applicant—Shavez Khan alias Sameer, S/o Aslam Khan, R/o Village Darau, Police Station Kichha, District Udham Singh Nagar. The Applicant is in judicial custody in connection with FIR No. 90 of 2026, registered at Police Station Kichha, District Udham Singh Nagar, for offences punishable under Sections 8/21 of the N.D.P.S. Act, 1985.
4. Heard learned counsel for the Applicant and 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 in judicial custody since 10.03.2026. It is submitted that no independent witness was associated with the alleged recovery and the contraband namely smack allegedly recovered from the Applicant is below commercial quantity. It is further submitted that the Applicant is not a previous convict and there appears to be a discrepancy in the prosecution case, inasmuch as the FIR number was mentioned in the inventory report allegedly prepared at the spot.
6. Per contra, learned A.G.A. opposed the bail application and submitted that there is no reason for false implication of the Applicant and the prosecution case is supported by the material
collected during investigation. It is also submitted that the investigation is still in progress and, therefore, the Applicant does not deserve bail.
7. After hearing learned counsel for the parties and upon
consideration of the material available on record, this Court finds that the alleged recovery is below commercial quantity and the Applicant has no criminal antecedents brought on record. This Court also takes note of the submission regarding absence of independent witnesses and the discrepancy pointed out in the inventory report. Without expressing any opinion on the merits of the case, this Court is of the view that the Applicant has made out a fit case for grant of bail at this stage.
8. Accordingly, the Bail Application is allowed.
9. Let the Applicant—Shavez Khan alias Sameer be released on bail, upon furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
10. It is made clear that the Applicant shall cooperate with the investigation/trial and shall not misuse the liberty of bail.
11. All pending applications, if any, shall stand disposed of.
( Ash ish Nait h an i, J.) 12.05.2026 Shiksha