CRLA/303/2025
2026 Latest Caselaw 1008 UK

Uttarakhand High Court

CRLA/303/2025 on 13 February, 2026

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                              Bail Application (IA No. 01 of 2025)
                              In
                              CRLA No. 433 of 2025
                              With
                              CRLA No. 303 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. M.K. Ray, learned counsel for the Appellant.

2. Mr. G.C. Joshi, learned A.G.A. along with Mr. J.P. Kandpal, learned Brief Holder for the State.

3. The matter is fixed for hearing on the bail application filed by the Appellant.

4. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2025).

5. The present Criminal Appeal has been filed against the judgment and order dated 25.06.2025 passed by the learned Special Sessions Judge (N.D.P.S. Act)/Sessions Judge, District Champawat, whereby the learned Trial Court convicted the Appellant under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "NDPS Act") and sentenced him to undergo rigorous imprisonment for a period of six years along with a fine of ₹60,000/- under Sections 8/20(b)(ii)(B) of the NDPS Act. In default of payment of fine, the Appellant shall undergo an additional six months' simple imprisonment.

6. Learned counsel for the Appellant submits that the Appellant was on bail during the course of trial and never misused the liberty so granted. It is further submitted that the prosecution failed to produce any independent or public witness to the alleged commission of the offence; that the mandatory provisions of the NDPS Act were not complied with; and that the alleged recovery shown from the Appellant is less than commercial quantity, as the commercial quantity of charas is one kilogram.

7. Learned State Counsel opposed the bail application.

8. After hearing learned counsel for the parties and upon consideration of the facts and circumstances of the case, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail, solely on the ground that the Appellant was on bail during the pendency of the trial and did not misuse the liberty granted to him.

9. Accordingly, the Appellant- Munna Lal, shall be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court.

10. It is clarified that the grant of bail shall not be treated as a ground for seeking unnecessary adjournments or for delaying the disposal of the present criminal appeal.

11. List this case on 01.04.2026.

(Ashish Naithani, J.) 13.02.2026 Shiksha