Uttarakhand High Court
Unknown vs State Of Uttarakhand on 17 February, 2026
Office Notes,
reports, orders
or proceedings
SL. Dat
or directions COURT'S OR JUDGE'S ORDERS
No. e
and Registrar's
order with
Signatures
Bail Application (IA No. 01 of 2025)
In
CRLA No. 759 of 2025
Dharm Singh
--Appellant
Versus
State of Uttarakhand
--Respondent
Hon'ble Ashish Naithani, J., Mr. Lokendra Dobhal, learned counsel for the Applicant.
2. Mr. Dinesh Chauhan, learned Brief Holder for the State of Uttarakhand.
3. The matter is fixed for hearing on the Bail Application filed by the Appellant.
4. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2025).
5. The present Criminal Appeal has been filed against the judgment and order dated 18.12.2025 passed by the learned Special Judge (N.D.P.S. Act)/District and Sessions Judge, Tehri Garhwal, whereby the learned Trial Court convicted the Appellant under Sections 8/20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "NDPS Act") and sentenced him to undergo rigorous imprisonment for a period of ten years along with a fine of ₹1,00,000/-. In default of payment of fine, the Appellant shall undergo an additional three months' simple imprisonment.
6. Learned counsel for the Appellant submits that the Appellant was on bail during the course of trial and never misused the liberty so granted. It is further submitted that there was no independent witness at the time of recovery and that the mandatory provisions of the NDPS Act were not complied with. Learned counsel further submits that the co-accused- Phool Singh, has already been granted bail by this Court and, on the ground of parity, the present Appellant may also be released on bail.
7. Learned State Counsel opposed the bail application; however, he admits that the co-accused has been granted bail by this Court.
8. After hearing learned counsel for the parties and considering the facts and circumstances of the case, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail, particularly in view of the fact that the Appellant was on bail during trial and did not misuse the liberty granted to him, and that the co-accused has already been granted bail.
9. Accordingly, the Appellant shall be released on bail upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court.
10. It is clarified that the grant of bail shall not be treated as a ground for seeking unnecessary adjournments or for delaying the disposal of the present Criminal Appeal.
11. The Registry is directed to prepare the paper book and supply the same to the concerned parties, as per Rules.
12. List this case on 07.05.2026.
(Hon'ble Ashish Naithani, J.) 17-02-2026 Shiksha