CRLA/427/2025
2025 Latest Caselaw 5528 UK

Uttarakhand High Court

CRLA/427/2025 on 15 November, 2025

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                        COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 IA No.01 of 2025 (Bail Application)
                                 In
                                 CRLA No. 427 of 2025
                                 Hon'ble Ashish Naithani, J.

Ms. Nisha Bora, learned counsel for the Appellant/convict.

2. Mr. Sandeep Sharma, learned A.G.A. for the State.

3. This criminal appeal under Section 415(2) of BNSS is filed by the Appellant/convict against the impugned judgment and order dated 21.06.2025 passed by learned Special Session Judge (NDPS), District Pithoragarh in Special Sessions Trial No.18 of 2019, "State vs. Anil Koshyari", (FIR No.30 of 2018) punishable under Section 8/20 of NDPS Act, Police Station Jajardeval, District Pithoragarh, whereby the Appellant/convict has been convicted under Section 8 r/w Section 20(b)(ii)(B) of IPC and sentenced to undergo 10 years rigorous imprisonment along with fine of Rs.1,00,000/- and in default of payment of fine shall undergo further two years rigorous imprisonment additionally.

4. Learned counsel for the Appellant/convict submits that no personal search was conducted of the police officials, who were present on the spot and before the personal search of the Appellant/convict, Authorized Officer/Circle Officer did not introduce himself on the spot at the time of recovery, which creates legitimate doubt.

She further submits that the Appellant/convict was released on bail during trial and had never misused the liberty of bail granted to him.

5. Learned State counsel vehemently opposed the bail application, however, admitted that the Appellant/convict was on bail during trial and never misused the liberty granted to him.

6. Having considered the submissions of learned counsel for the parties but without expressing any opinion about the final merits of the case, the Appellant/convict is admitted to bail on furnishing a personal bond and two reliable sureties, each of the like amount to the satisfaction of the court concerned.

7. Bail Application stands allowed.

8. List this matter on 10.01.2026.

(Ashish Naithani, J.) 15.11.2025 Akash