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2026 DAILYLAW 7744 (UTT)

MUNNE KHAN v. STATE OF UTTARAKHAND

ABA/197/2026 · 2026-07-08

Alok Mahra

body2026

Judgment text

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UKHC010097602026 2026:UHC:5571 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA/197/2026 Munne Khan --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J. Mr. Kaushal Pandey and Mr. Mehboob Rahi, learned counsel for the applicants. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 2. Applicant seeks anticipatory bail in connection with F.I.R. No. 0012 of 2025, registered under Sections 8/21 of the NDPS Act, 1985, at Police Station Kichha, District Udham Singh Nagar. 3. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case solely on the basis of the confessional statement of the co-accused, who was apprehended from the spot with the alleged recovery of 263.32 grams of smack. It is submitted that the co- accused allegedly disclosed to the police that he had procured the recovered contraband from the present applicant, Nunne Khan. Learned counsel further submits that the present applicant is the brother of the co-accused, namely Masroor Khan, from whose possession the alleged recovery was effected. It is contended that there is neither any money trail nor any transaction linking the applicant with the alleged contraband, and the prosecution case rests only on WhatsApp call records UKHC010097602026 2026:UHC:5571 between the applicant and the co- accused. It is further submitted that the main accused- Masroor Khan, has already been granted bail by this Court vide order dated 15.10.2025. 5. Counter affidavit filed by the Investigating Officer is taken on record. 6. Learned State Counsel vehemently opposes the anticipatory bail application on the ground that the applicant had spoken to the co-accused through WhatsApp calls on 13 occasions. It is submitted that the name of the applicant surfaced during the investigation on the basis of the disclosure made by the co- accused and that the material collected during the investigation indicates that the applicant acted in conspiracy with the co-accused- Masroor Khan. 7. Having considered the submissions advanced by learned counsel for the parties and upon perusal of the material available on record, this Court is of the opinion that the applicant has made out a fit case for grant of anticipatory bail. Accordingly, the present anticipatory bail application deserves to be allowed. 8. Accordingly, the anticipatory bail application is allowed. 9. In the event of arrest, the applicant shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs. 50,000/- with two reliable sureties of the like amount each to the satisfaction of the Investigating Officer, subject to the following conditions: (i) The applicant shall cooperate with the investigation. (ii) The applicant shall not approach or influence any witness or the victim in any manner whatsoever. (iii) The applicant shall not leave the country without prior permission of the concerned Court. (iv) The applicant shall deposit his UKHC010097602026 2026:UHC:5571 passport with the Investigating Officer. The passport shall be returned only pursuant to an order of the concerned Court. In case the applicant does not possess a passport, he shall furnish an undertaking to that effect before the Investigating Officer. (Alok Mahra, J.) 08.07.2026 SB SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf6 39b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F 18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.08 17:17:18 +05'30'