Uttarakhand High Court
Gaurav Kumar vs State Of Uttarakhand on 24 February, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.1 of 2024 For Bail Application
In
Criminal Appeal No. 263 of 2024
Gaurav Kumar ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Karan Singh Dugtal, Advocate for the appellant.
Mr. B.N. Molakhi, D.A.G. for the State of Uttarakhand.
Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral) The instant appeal has been preferred against judgment and order dated 28.02.2024, passed in Special Sessions Trial No.42 of 2022, State Vs. Devendra Kumar and Another, by the court of Special Sessions Judge (NDPS Act), District Almora. By it, the appellant has been convicted and sentenced under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Heard.
3. This appeal has already been admitted.
4. The LCR has already been received.
5. List in due course for final hearing.
6. Heard on Bail Application (IA) No.1 of 2024.
7. According to the FIR, on 09.12.2021, Ganja was allegedly recovered from the possession of the appellant.
8. Learned counsel for the appellant submits that the entire prosecution case is false; according to the prosecution case, the arrest memo and the sample seal, etc. were prepared at the 2 spot, but they bear the FIR number, which is lodged much after the alleged recovery.
9. These facts are not disputed by learned State Counsel.
10. The Court wanted to know as to how, at police station, the FIR number could be recorded, and who recorded it? Is there any document supporting to it? The answer is in negative.
11. Having considered this and other attending factors, this Court is of the view that it is a case in which the execution of sentence should be suspended and the appellant be enlarged on bail.
12. The bail application is allowed.
13. The sentence appealed against is suspended during the pendency of the appeal.
14. Let the appellant be released on bail during the pendency of the appeal on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. (Siddhartha Sah, J.) (Ravindra Maithani, J.) 24.02.2026 Ravi Bisht