Unknown vs State Of Uttarakhand
2026 Latest Caselaw 1126 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand on 17 February, 2026

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                              Bail Application (IA No. 01 of 2024)
                              In
                              CRLA No. 591 of 2024
                              Shiv Shankar
                                                                --Appellant
                                                   Versus
                              State of Uttarakhand
                                                              --Respondent

Hon'ble Ashish Naithani, J., Mr. Faizan Ali, learned counsel for the Applicant.

2. Mr. Dinesh Chauhan, learned Brief Holder for the State of Uttarakhand.

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 2024).

5. The present Criminal Appeal has been filed against the judgment dated 30.09.2024 passed by the learned Special Judge (NDPS Act)/District and Sessions Judge, 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 five years along with a fine of ₹50,000/-.

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 contraband (charas) allegedly recovered from the Appellant is 500 grams, which is below commercial quantity.

7. Learned State Counsel opposed the bail application.

8. After hearing learned counsel for the parties and considering the facts and circumstances of the case, and without expressing any opinion on the merits of the case at this stage, particularly in view of the fact that the Appellant was on bail during trial and did not misuse the liberty granted to him, this Court is of the opinion that sufficient grounds exist for granting bail.

9. Accordingly, the Bail Application is allowed. Let the Appellant shall be released on bail upon his 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. The Registry is directed to prepare the paper book and supply the same to the concerned parties, as per Rules.

12. List this case on 07.05.2026.

(Hon'ble Ashish Naithani, J.) 17-02-2026

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