Uttarakhand High Court
BA1/1535/2025 on 24 February, 2026
2026:UHC:1215
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.1535 of 2025
Hon'ble Alok Mahra, J.
Mohd. Alauddin, Advocate for the applicant.
Mr. Pradeep Lohani, Brief Holder for the State of Uttarakhand.
2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.769 of 2025, under Sections 8 read with Section 22 of N.D.P.S. Act, registered at Police Station Laksar, District Haridwar.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, has no criminal history and has been in judicial custody since 26.07.2025. Learned counsel contends that the alleged recovery and subsequent proceedings are vitiated by serious procedural irregularities, inasmuch as, the inventory report bears the F.I.R. number, which clearly indicates that the said document was prepared subsequent to the registration of the F.I.R. and not at the time and place of the alleged recovery. Furthermore, there is no independent witness of the alleged recovery. Learned counsel for the applicant has placed reliance on the judgment of the Hon'ble Supreme Court in Narcotics Control Bureau Vs. Kashif, reported in (2024) 11 SCC 372, wherein it has been held that procedural irregularities and non-compliance with mandatory provisions under the N.D.P.S. Act are material considerations while 2026:UHC:1215 adjudicating bail applications. It was further held that although Section 37 of the Act prescribes stringent twin conditions for the grant of bail, the Court is nonetheless required to examine whether serious procedural lapses exist which may undermine the credibility of the prosecution case.
4. Learned State Counsel has vehemently opposed the prayer for bail.
5. Since as per the averments of the parties, the F.I.R. number finds mention in the inventory report allegedly prepared at the spot, the same prima facie raises a serious issue which goes to the root of the prosecution case.
6. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicant has made out a case for grant of bail at this stage. The bail application is allowed.
7. Let the applicant-Nazim be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject to the following conditions:
(i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment.
(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.
(iii) The applicant shall not leave India without any prior permission of the trial 2026:UHC:1215 Court.
It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the complainant/ informant will be free to move the court for cancellation of bail.
(Alok Mahra, J.) 24.02.2026 Arpan ARPAN Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7 JAISWAL 393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98744 6351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.02.24 17:52:32 +05'30'