Uttarakhand High Court
Nitish Nagarkoti vs State Of Uttarakhand on 19 March, 2026
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2026:UHC:1934
BA1 No. 404 of 2026
Nitish Nagarkoti --Applicant
Versus
State of Uttarakhand --Respondent
Hon'ble Ashish Naithani, J.
Mr. J.C. Karnatak, learned counsel for the Applicant.
2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.
3. The present Bail Application has been moved by the Applicant- Nitish Nagarkoti, aged about 30 years, S/o Sh. Pramod Nagarkoti, R/o Fatehpur Mujhrauda, P.S. Mukhani, District Nainital. The Applicant is in judicial custody in connection with FIR/Case Crime No. 0009 of 2026, registered at Police Station Bhimtal, District Nainital, for the offences under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act").
4. Heard Mr. J.C. Karnatak, learned counsel for the Applicant, and Mr. S.S. Chauhan, learned Deputy Advocate General, assisted by Mr. Vikash Uniyal, learned Brief Holder for the State. Perused the record.
5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the present case and is languishing in jail since 26.02.2026. It is further submitted that nothing has been recovered from the Applicant; that there is no independent witness to the alleged recovery; and that there is no incriminating evidence against the Applicant. It is further submitted that the contraband allegedly recovered is below commercial quantity.
6. Learned State Counsel opposed the Bail Application.
7. Considering the facts and circumstances of the case, and the submissions advanced by learned counsel for the parties, 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.
8. Accordingly, 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.) 19.03.2026 Shiksha