Uttarakhand High Court
Dheeraj vs State Of Uttarakhand on 17 February, 2026
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2026:UHC:1010
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
17th FEBRUARY, 2026
FIRST BAIL APPLICATION NO.58 of 2026
Dheeraj .....Applicant
Versus
State of Uttarakhand .....Respondent
Counsel for the Applicant : Ms. Aishwarya Thapliyal,
Advocate holding brief of Mr.
Abhishek Verma, Advocate.
Counsel for the Respondent : Mr. Pratiroop Pandey, Assistant
Government Advocate.
Hon'ble Alok Kumar Verma,J.
Applicant-Dheeraj is in judicial custody for the offence under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "Act, 1985") in Case Crime No.489 of 2025, registered at Police Station Kashipur, District Udham Singh Nagar.
2. As per the First Information Report dated 05.12.2025, on 04.12.2025, Jeevan Kumar, Kunal Pandey and the present applicant were going on a motorcycle. The co-accused Jeevan Kumar was driving the said motorcycle. Seeing the police, the co-accused tried to turn the motorcycle. They were apprehended by the police. The police recovered 6.200 kg. ganja 1 2026:UHC:1010 from the possession of the co-accused Jeevan Kumar. The police recovered 5.590 kg. ganja from the possession of the co-accused Kunal Pandey, and, they recovered 5.990 kg. ganja from the possession of the present applicant. They were arrested at 00:25 hrs.
3. Heard Ms. Aishwarya Thapliyal, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent.
4. Ms. Aishwarya Thapliyal, Advocate, contended that the applicant has been falsely implicated by the police. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery. Applicant is not a convicted person. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. The co-accused Jeevan Kumar and Kunal Pandey have already been granted regular bail by this Court, and, the quantity of the alleged recovered ganja is less than commercial quantity.
5. Mr. Pratiroop Pandey, Assistant Government Advocate has opposed the bail application orally.
6. As per the Table prepared in terms of Section 2(xxiii-a) and Section 2 (vii-a) of the Act, 1985, 1000 2 2026:UHC:1010 grams of Ganja is small quantity and greater than 20 Kg. is the commercial quantity (Entry No.55).
7. The object of keeping the accused in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.
8. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage.
9. The Bail Application is allowed.
10. Let the applicant - Dheeraj be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
___________________ ALOK KUMAR VERMA, J.
Date:17.02.2026 Shiv/ 3