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2026 DAILYLAW 956 (UTT)

SHIVAM v. STATE OF UTTARAKHAND

BA1/67/2026 · 2026-01-14

Ashish Naithani

Public Interest Litigationbody2026

Judgment text

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 ORDERS 2026:UHC:543 BA1 No. 67 of 2026 Hon’ble Ashish Naithani, J. Mr. Mohit Kumar Kashyap, learned counsel for the Applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant- Shivam, aged about 29 years, S/o Shri Dharampal Singh, R/o Village Manoharwala, Police Station Nazibabad, District Badhapur, District Bijnor. The Applicant is in judicial custody in connection with Case Crime No. 22 of 2025, registered at Police Station Thalisain, District Pauri Garhwal, under Sections 8/20/29 of the N.D.P.S. Act, 1985. 4. Heard Mr. Iram Saifi, learned counsel for the Applicant through video conferencing, and Mr. Sandeep Sharma, learned A.G.A. for the State, and perused the record. 5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated solely on the basis of the confessional statement of co-accused Kapil Kumar, from whose possession the alleged recovery has been made by the police. The Applicant is in judicial custody since 03.10.2025. It is further submitted that a bare reading of the FIR clearly reveals that at the time of the alleged recovery, the Applicant was neither present in the vehicle nor was anything recovered from his possession. 6. It is further submitted that the Applicant was never informed of the grounds of arrest by the Arresting Officer, which is in clear violation of Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Article 22(1) of the Constitution of India, as no grounds of arrest have been mentioned in the arrest memo. 7. It is also submitted that no contraband substance has been recovered from the possession, conscious possession, or exclusive control of the Applicant and that the entire alleged recovery of 60 kg ganja has been effected only from the co-accused. 8. On the other hand, learned Brief Holder for the State has opposed the bail application. 9. Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court is of the view that the Applicant deserves to be released on bail at this stage. 10. Accordingly, the bail application is allowed. 11. Let the Applicant be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. 12. All pending applications, if any, stand disposed of. (Ashish Naithani, J.) Vacation Judge 14.01.2026 Shiksha