Uttarakhand High Court
CRLA/588/2023 on 2 August, 2025
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
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I.A. No.2 of 2023 (Bail Application)
In
CRLA No.588 of 2023
Hon'ble Alok Mahra, J.
Mr. S.K. Mandal, Advocate for the
applicant.
Mr. Sandeep Sharma and Mr.
Bhaskar Chandra Joshi, A.G.A. for the
State of Uttarakhand.
2. This Appeal has been preferred
against the judgment & order dated
14.09.2022 passed by learned Sessions
Judge/Special Judge (N.D.P.S. Act),
Bageshwar in Sessions Trial No.31 of
2019, whereby the appellant has been
convicted under Section 8 read with
Section 20(b)(ii)(B) of N.D.P.S. Act and
was awarded punishment of ten years
rigorous imprisonment with fine of
₹1,00,000/- and, in default of payment
of fine, he was sentenced to undergo two
years additional imprisonment. The
appellant has sought his release on bail.
3. Heard learned counsel for the
parties on the bail application moved on
behalf of appellant/applicant.
4. Learned counsel for the appellant
submits that, as per the case of
prosecution, appellant was apprehended
on 14.02.2019 at 09:23 a.m. from
Kapkot-Baradi Bypass Road and 544
gms. of Charas was allegedly recovered
from the possession of the applicant. He
submits that, after taking samples of 50-
50 gms., the amount of alleged
contraband deposited in the Malkhana on
15.02.2019 is 0.447 gms and 50 gms. of
alleged contraband was kept in the
plastic box, which was deposited in the
Malkhana. Learned counsel for the
appellant submits that even if it is
assumed that the alleged Charas was
recovered from the possession of the
appellant, then also the said quantity is a
small quantity and maximum punishment
of one year could have been imposed
upon the appellant for carrying the said
quantity of the contraband. It is further
submitted by learned counsel for the
appellant/applicant that the appellant/
applicant is in jail since 14.09.2022 and
has spent more than two and a half
years in jail.
5. Per contra, learned State Counsel
submitted that admittedly the entry in
Malkhana Register refers to deposit of
0.447 gms. of Charas, but since 544
gms. of Charas was recovered from the
possession of the applicant and, after
taking samples of 50-50 gms., the
amount of alleged contraband deposited
in the Malkhana on 15.02.2019 is 0.447
gms and 50 gms. of alleged contraband
was kept in the plastic box, which was
deposited in the Malkhana, therefore, he
has contended that the entry in the
Malkhana Register of 0.447 gms. of the
contraband is purely a human error. He
submits that appellant has been
convicted after trial, based on reliable
and believable evidence, therefore, he is
not entitled to bail.
6. Having considered the rival
submissions of learned counsel for the
parties, this Court is of the view that
appellant has shown vital description and
this fact has not been considered while
convicting the appellant and since the
appellant has already spent more than
two and a half years under incarceration,
he is entitled to be released on bail.
Accordingly, the bail application is
allowed.
7. Let the appellant-Kishan Singh be
released on bail during the pendency of
Appeal, on his executing a personal bond
and furnishing two sureties, each in the
like amount, to the satisfaction of Court
concerned, subject to the following
conditions:
a) The appellant shall not directly or
indirectly make any inducement, threat
or promise to any person acquainted
with the facts of this case;
b) The appellant shall not leave the
country without prior permission of this
Court;
c) The appellant shall deposit his
Passport with the Investigating Officer.
The Passport may only be returned by
the order of this Court. In case, appellant
does not have Passport, he shall give an
undertaking to that effect to the
Investigating Officer.
It is clarified that if the appellant
misuses or violates any of the conditions,
imposed upon him, the prosecution shall
be at liberty to move the Court seeking
cancellation of the bail.
8. List this Appeal for final hearing in
due course.
(Alok Mahra, J.)
02.08.2025
Arpan
