Uttarakhand High Court
Sandeep Kumar vs State Of Uttarakhand on 11 March, 2026
COURT'S OR JUDGES'S ORDERS
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reports, orders
or proceedings
SL.
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and Registrar's
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2026:UHC:1591
BA1 No. 57 of 2026
Sandeep Kumar --Applicant
Versus
State of Uttarakhand --Respondent
Hon'ble Ashish Naithani, J.
Mr. Anand Kumar Pandey, learned counsel for the Applicant.
2. Mr. Chitrartha Kandpal, learned Brief Holder for the State of Uttarakhand.
3. The present Bail Application has been moved by the Applicant - Sandeep Kumar, aged about 27 years, S/o Late Krishna Kumar, R/o Village Sill Bungachina, Tehsil Thal, District Pithoragarh. The Applicant is in judicial custody in connection with FIR No. 167 of 2025, registered at Police Station Kotwali Pithoragarh, District Pithoragarh, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).
4. Heard Mr. Anand Kumar Pandey, learned counsel for the Applicant, and Mr. Chitrartha Kandpal, learned Brief Holder for the State. Perused the record.
5. Learned counsel for the Applicant submits that the Applicant is an innocent person and has not committed any offence as alleged in the report. It is further submitted that the mandatory provisions of Section 50 of the NDPS Act have not been complied with. Learned counsel further submits that, as per the prosecution story, the alleged recovery was made from a public place, but the searching party did not make any effort to associate any independent public witness. It is also submitted that nothing has been recovered from the possession of the present Applicant.
6. Learned State Counsel opposed the Bail Application.
7. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and without expressing any opinion on the merits of the case, this Court is of the view that the Applicant is entitled to be released on bail at this stage.
8. Accordingly, the Bail Application is allowed.
9. 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.
10. All pending applications, if any, stand disposed of.
(Ashish Naithani, J.) 11.03.2026 Shiksha