Uttarakhand High Court
Laxman Singh vs State Of Uttarakhand on 16 March, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application (IA No.1 of 2025)
In
Criminal Appeal No.488 of 2025
Laxman Singh ........Appellant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. Rahul Adhikari, Advocate for the appellant.
Ms. Manisha Rana Singh, learned D.A.G. for the State.
Coram:Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral) Instant appeal is preferred against the judgment and order dated 28.05.2025, passed in Special Session Trial No.14 of 2023, State vs. Laxman Singh by the court of learned Special Session Judge (N.D.P.S.), Pithoragarh. By it, the appellant has been convicted under Sections 8 read with Section 20(b)(ii)(c) of Narcotics Drugs and Psychotropic Substances Act, 1985 and sentenced accordingly. The appellant seeks bail in this appeal.
2. Heard learned counsel for the parties and perused the record.
3. According to the prosecution case, Charas was recovered from the possession of the appellant on 22.12.2022.
4. Learned counsel for the appellant submits that the entire case is false. The prosecution has not been able to prove its case. 2 According to the prosecution case, table under Section 52-A of NDPS Act, arrest memo and sample seal were prepared at the spot, but it bears the FIR number, which was lodged much after the alleged recovery.
5. Learned State counsel admits these facts.
6. The Court wanted to know as to how FIR number could be recorded in the arrest memo, which was prepared at the spot? There is no answer to it.
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 appellant be enlarged on bail.
8. The bail application is allowed.
9. The execution of sentence appealed against is suspended during the pendency of the appeal.
10. The appellant - Laxman Singh be released on bail, during the 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.
1 (Siddhartha Sah, J.) (Ravindra Maithani, J.) 16.03.2026 16.03.2026 Akash