Uttarakhand High Court
Nitin Kumar vs State Of Uttarakhand on 24 March, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application (IA No.1 of 2023)
In
Criminal Appeal No.271 of 2023
Nitin Kumar ........Appellant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. Parikshit Saini, Advocate for the appellant.
Mr. V. S. Rawat, learned A.G.A. 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 25.03.2023 and 27.03.2023, passed in Special Session Trial No.48 of 2014, State vs. Nitin Kumar by the court of 2nd Additional Sessions Judge/Special Judge (N.D.P.S.), District Dehradun. By it, the appellant has been convicted under Section 8/20/22 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 and narcotic substance were recovered from the possession of the appellant on 31.10.2013.
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4. Learned counsel for the appellant submits that the entire case is false. The prosecution has not been able to prove its case. According to the prosecution case, the specimen seal, Exhibit 5 and 10 were prepared at the spot, but they bear 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 specimen seal and Exhibit 5 and 10, which were 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 - Nitin Kumar 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.) 24.03.2026 24.03.2026 Akash