Uttarakhand High Court
Harish Dhami vs Unknown on 25 February, 2026
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2026:UHC:1299
BA 1st No.113 of 2026
Harish Dhami Vs. State of Uttarakhand
Hon'ble Ashish Naithani, J.
Mr. Akshay Joshi, learned counsel for the Applicant.
2. Mr. Vipul Painuly, learned AGA, for the State of Uttarakhand.
3. Counter affidavit filed on behalf of the State in the Court today is taken on record.
4. In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant - Harish Dhami, who has been accused in FIR No.0019 of 2025, dated 27.06.2025 under Sections 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 at Police Station Dharchula, District Pithoragarh. The Applicant is in judicial custody since 27.06.2025.
5. Learned counsel for the Applicant submits that the Applicant is from Nepal, and works at the hotel of the person, who is pursuing the matter on behalf of the Applicant before this Court. He further submits that the Applicant hails from Nepal understands no other language other than Nepali, and he is not educated. The main defence regarding the bail as stated by the learned counsel for the Applicant is that the cause of arrest should have been explained in the language so understood by the Applicant and that is Nepali, which has not been done. He further submits that there are certain procedural errors, which are mandatory to be followed as per Act.
6. The bail application has been objected on behalf of the State. Firstly on the ground, at the outset, contraband so recovered from the Applicant is commercial quantity weighing 1.333 Kg of charas. FSL report, which has been certified from the Forensic Science Laboratory to be charas in positive. Secondly, the Applicant being a Nepali citizen may breach the bail conditions, and thereafter, there are chances that he may not be apprehended again.
7. To this, learned counsel for the Applicant submits that the pairokar on whose shop the applicant is working is ready for giving the assurance, whatever are being imposed for grant of bail shall be followed.
8. Considering the overall facts and circumstances of the case, the Applicant has made out a case for bail.
9. Accordingly, bail application is allowed. It is directed that the Applicant - Harish Dhami, who has been accused in FIR No.0019 of 2025, dated 27.06.2025 under Sections 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 at Police Station Dharchula, District Pithoragarh, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him.
(Ashish Naithani, J.) 25.02.2026 Nitesh/