Uttarakhand High Court
Pushkar Singh Bisht ... vs State Of Uttarakhand on 26 February, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Bail Application (IA) No.4 of 2025
In
Criminal Appeal No. 879 of 2023
Pushkar Singh Bisht ........Applicant/Appellant
Vs.
State of Uttarakhand ........... Respondent
Present : Mr. Amit Satyawali, Advocate holding brief of Mr. Piyush Sammal,
Advocate for the applicant/appellant.
Mr. Pankaj Joshi, AGA for the State.
Hon'ble Ravindra Maithani, J. (Oral)
Instant appeal is preferred against the judgment and order dated 24.07.2023, passed in Special Sessions Trial No.17 of 2022, State of Uttarakhand vs. Pushkar Singh Bisht, by the court of Special Sessions Judge (NDPS Act), Almora. By it, the appellant has been convicted under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced accordingly. The appellant seeks bail during pendency of the appeal. This is the second bail application of the applicant. His first bail application has already been rejected on 25.06.2025.
2. Heard on Second Bail Application (IA) No.4 of 2025.
3. According to the prosecution case, on 13.11.2020, Charas was allegedly recovered from the possession of the applicant/appellant.
4. Learned counsel for the appellant submits that the entire case is false; arrest memo, inventory report and sample seal were prepared at the spot, but it bears the FIR number and other 2 details of the offence, which was lodged much after the alleged recovery.
5. Learned State Counsel admits that the factual aspect.
6. The Court wanted to know from learned State Counsel that, as to how the FIR number was recorded in the arrest memo, inventory report and sample seal, when the FIR was admittedly lodged much thereafter? He admits that the arrest memo, inventory report and sample seal were prepared at the spot and it bears FIR number.
7. Having considered, this Court is of the view that it is a case in which the execution of sentence should be suspended and the applicant/appellant be enlarged on bail.
8. The bail application is allowed.
9. The execution of sentence, which is under challenge in this appeal shall remain suspended during the pendency of the appeal.
10. Let the applicant/appellant be released on bail, during 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.
11. List in due course.
(Ravindra Maithani, J.) 26.02.2026 Sanjay