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2026 DAILYLAW 6011 (UTT)

RIPUL CHAUHAN v. STATE OF UTTARAKHAND

BA1/936/2026 · 2026-05-30

Ashish Naithani

body2026

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S 2026:UHC:4315 BA1 No. 936 of 2026 Hon’ble Ashish Naithani, J. Mr. Vikas Singh Yadav, learned counsel holding brief of Mr. Karan Singh Dugtal, learned counsel for the Applicant. 2. Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand. 3. Heard learned counsel for the parties and perused the record. 4. The present Bail Application has been moved by the Applicant, namely Ripul Chauhan, S/o Sri Rakshpal Singh Chauhan, R/o Village Najimpur, P.O. Jalalabad, Najibabad, District Bijnor (U.P.), who is in judicial custody in connection with FIR No. 323 of 2025, registered at Police Station I.T.I., District Udham Singh Nagar, for offences punishable under Sections 8, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 3(5), 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023. 5. Learned counsel for the Applicant, while pressing the present bail application, submitted that the Applicant has been falsely implicated in the present case and is in judicial custody since 26.12.2025. It is contended that while effecting the alleged recovery, the police party did not follow the procedure prescribed under the Narcotic Drugs and Psychotropic Substances Act, 1985. It is further submitted that the search was conducted without duly informing the superior officers and that there is no independent witness to the alleged recovery. Learned counsel for the Applicant further submitted that the co-accused, namely Deepak Thakur, has already been granted bail by this Court vide order dated 22.05.2026 and the case of the present Applicant stands on identical footing and parity with the said co-accused. 6. Per contra, learned State Counsel opposed the bail application. However, he could not dispute the fact that the co- accused, Deepak Thakur, has already been enlarged on bail by this Court vide order dated 22.05.2026. 7. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the co- accused, whose case stands on similar footing, has already been granted bail by this Court. The Applicant, therefore, appears to be entitled to the benefit of parity. Without expressing any opinion on the merits of the case, this Court is of the view that the Applicant has been able to make out a fit case for grant of bail. 8. Accordingly, the Bail Application is allowed. 9. Let the Applicant, namely Ripul Chauhan, 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 any observation made hereinabove is only for the purpose of adjudication of the present bail application and shall not be construed as an expression on the merits of the case. 11. All pending applications, if any, shall stand disposed of. (Ashish Naithani, J.) 30.05.2026 Shiksha