Uttarakhand High Court
BA1/2544/2025 on 10 March, 2026
2026:UHC:1549
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/2544/2025
Hon'ble Alok Mahra, J.
Mr. Mohd. Allauddin, learned counsel for the applicant.
2. Mr. Pradeep Lohani, learned Brief Holder for the State.
3. Applicant-Aarif, who is in judicial custody in connection with Case Crime/F.I.R. No. 1003 of 2025 registered under Sections 8/22 of the N.D.P.S. Act, P.S. Kotwali Mori, District Haridwar.
5. Heard learned counsel for the parties and perused the record.
6. As per the prosecution case, the applicant, along with one co-accused, was apprehended by the police on 11.10.2025, and it is alleged that contraband was recovered from their possession. On the basis of the said alleged recovery, the present F.I.R. was lodged against the applicant and the co-accused.
7. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the total weight of the alleged contraband recovered is 44.8 grams, which is below the commercial quantity. Learned counsel would further submit that there is an unexplained delay in lodging the F.I.R., inasmuch as the alleged incident is stated to have taken place on 11.10.2025 at about 22:20 hours, whereas the F.I.R. was lodged on 12.10.2025 at about 3:30 P.M., and no plausible explanation for such delay has been furnished by the prosecution, which casts 2026:UHC:1549 a doubt upon the prosecution story.
8. Learned counsel for the applicant would further submit that the applicant is languishing in jail since 12.10.2025; that, the applicant has no previous criminal history. Learned counsel would further contend that no independent public witness has been associated with the alleged recovery. It is further submitted that the applicant is a permanent resident of District Haridwar and there is no likelihood of his absconding or tampering with the prosecution evidence. Learned counsel would also submit that the applicant is only 25 years of age and his continued incarceration for an indefinite period would seriously prejudice his future prospects, particularly when the trial is likely to take considerable time to conclude.
9. Per contra, learned State counsel vehemently opposed the bail application. However, he fairly conceded that the applicant has been in judicial custody since 12.10.2025 and that the quantity of the contraband alleged to have been recovered from the applicant is below the commercial quantity.
10. Without expressing any opinion on the merits of the case, and considering the overall facts and circumstances of the case, the nature of allegations, the quantity of the contraband alleged to have been recovered, the period of incarceration already undergone by the applicant, and the submissions advanced on behalf of the parties, this Court is of the considered view that the applicant make out a fit case for grant of bail at this stage.
11. Accordingly, the bail application is allowed.
12. Let the applicant be released on bail, 2026:UHC:1549 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 Court.
13. 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.) 10.03.2026 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8 b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.03.11 18:47:40 +05'30'