Uttarakhand High Court
Farjand Ali Alias Nanhe vs State Of Uttarakhand on 26 February, 2026
COURT'S OR JUDGES'S ORDERS
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reports, orders
or proceedings
SL.
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No
and Registrar's
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2026:UHC:1358
BA1 No. 309 of 2026
Farjand Ali alias Nanhe --Applicant
Versus
State of Uttarakhand --Respondent
Hon'ble Ashish Naithani, J.
Mr. Gaurav Singh, learned counsel for the Applicant.
2. Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.
3. The present Bail Application has been moved by the Applicant - Farjand Ali alias Nanhe, aged about 56 years, S/o Kallan, R/o Village Ratanpura Shumali, Police Station Ajeem Nagar, District Rampur, Uttar Pradesh. The Applicant is in judicial custody in connection with FIR No. 52 of 2026, registered at Police Station Rudrapur, District Udham Singh Nagar, under Sections 8/21/29 of the N.D.P.S. Act, 1985 and Section 249 read with Sections 109, 121, 132, 190, 191(2), 191(3), and 3(5) of the B.N.S., 2023.
4. Heard Mr. Gaurav Singh, learned counsel for the Applicant, and Mr. J.P. Kandpal, learned Brief Holder for the State. Perused the record.
5. The main allegation against the Applicant is that he had been harbouring the other accused persons, namely Nazim and Hasina, from whom the alleged contraband had been recovered and who allegedly manhandled the police during the course of investigation.
6. Learned counsel for the Applicant submits that the Applicant is not named in the FIR, as the FIR was lodged against other named accused persons; that the Applicant has not committed the alleged offence; that no contraband was recovered from the possession of the present Applicant; that the Applicant was not present at the spot at the relevant point of time; that there is no allegation of assault upon the police party against the present Applicant; and that the only allegation against him is that he harboured the co-accused after the alleged offence, which is punishable up to five years. It is further submitted that no notice under Section 35(3) of the B.N.S.S., 2023 was given to the Applicant.
7. Learned State Counsel has opposed the Bail Application.
8. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the matter, this Court is of the view that the Applicant is entitled to be released on bail at this stage.
9. Accordingly, the Bail Application is allowed.
10. Let the Applicant 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 Court concerned.
11. All pending applications, if any, stand disposed of.
(Ashish Naithani, J.) 26.02.2026 Shiksha