Citation : 2025 Latest Caselaw 6165 UK
Judgement Date : 11 December, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application No. 02 of 2025
In
Criminal Appeal No.606 of 2024
Dharamveer Gangwar ......Appellant
Versus
State of Uttarakhand ....Respondent
Present:
Mr. Karan Singh Dugtal, Advocate for the appellant.
Mr. Siddharth Bisht, A.G.A. for the State.
Hon'ble Ravindra Maithani, J.(Oral)
Instant appeal is preferred against the judgment and order
dated 06.09.2024, passed in Special Sessions Trial No. 29 of 2018,
State of Uttarakhand Vs. Dharamveer Gangwar, by the court of Special
Sessions Judge, (NDPS Act)/Sessions Judge, Champawat. By it, the
appellant has been convicted under Section 8/20 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 ("the Act") and
sentenced under Section 20 (b)(ii)(B) of the Act. The appellant seeks
bail in this appeal.
2. Heard learned counsel for the parties and perused the
record.
3. This is an admitted appeal.
4. List in due course.
Heard on Bail Application No. 02 of 2025
5 According to the prosecution case, on 20.06.2018, charas
was recovered from the possession of the applicant.
6. Learned counsel for the appellant submits that the entire
case is false. The applicant is in custody for the last 17 months. It is
submitted that the arrest memo and specimen seal, which were
allegedly prepared at the spot, bear the FIR number, which was lodged
much after the alleged recovery.
7. The Court wanted to know from learned State counsel as
to how, the arrest memo and specimen seal, which were prepared at
the spot bear the FIR number?
8. To it, learned State counsel submits that there is no
document to ascertain it.
9. Having considered, without adverting much on merits, this
Court is of the view it is a case in which the execution of sentence
should be suspended and the appellant be enlarged on bail.
10. The bail application is allowed.
11. The execution of sentence appealed against is suspended
during the pendency of the appeal.
12. The appellant 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.
(Ravindra Maithani, J.) 11.12.2025 Jitendra
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