Uttarakhand High Court
BA1/203/2026 on 12 February, 2026
COURT'S OR JUDGES'S ORDERS
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Registrar's order
with Signatures 2026:UHC:852
BAI No. 203 of 2026
Hon'ble Ashish Naithani, J .
Mr. Mani Kumar, learned counsel for the Applicant.
2. Mr. G.C. Joshi, learned A.G.A. assisted by Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.
3. Heard learned counsel for the parties.
4. This is the first Bail Application moved on behalf of the Applicant seeking regular bail in connection with FIR No. 113/2025, for the offences punishable under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"), registered at P.S. Nanakmatta, District Udham Singh Nagar.
5. Learned counsel for the Applicant argues that the Applicant has been falsely implicated and is languishing in jail since 18.12.2025. It is further submitted that the Applicant is not named in the FIR and that nothing has been recovered from the present Applicant. The name of the Applicant came to light only with a view to implicate him in the present case. It is further submitted that the only piece of evidence against the present Applicant is the confessional statement of the arrested co-accused recorded on the spot, which is hit by Section 23 of the B.N.S., 2023, and such confessional statement cannot be read as evidence against the accused person. It is also submitted that the mandatory provisions of the NDPS Act have not been complied with. Learned counsel further submits that a non-commercial quantity of smack was recovered from the possession of the co- accused persons during checking, and they have already been enlarged on bail.
6. Learned State Counsel opposed the bail application; however, he admitted the fact that the alleged contraband is of non-commercial quantity.
7. Considering the facts and circumstances of the case, and without expressing any opinion as to the final merits of the case, this Court is of the view that the Applicant deserves to be enlarged on bail at this stage.
8. The Bail Application is allowed.
9. Let the Applicant be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.
10. All pending applications, if any, stand disposed of.
(Ashish Naithani, J.) 12.02.2026 SHIKSHA Shiksha Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fb BINJOLA d40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B528 3D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.02.12 16:03:11 +05'30'