Pushkar Singh Bisht ... vs State Of Uttarakhand
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Uttarakhand High Court

Pushkar Singh Bisht ... vs State Of Uttarakhand on 26 February, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
         Second Bail Application (IA) No.4 of 2025
                            In
             Criminal Appeal No. 879 of 2023
Pushkar Singh Bisht                     ........Applicant/Appellant
                                  Vs.
State of Uttarakhand                            ........... Respondent
Present : Mr. Amit Satyawali, Advocate holding brief of Mr. Piyush Sammal,
          Advocate for the applicant/appellant.
          Mr. Pankaj Joshi, AGA for the State.



Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the judgment and

order dated 24.07.2023, passed in Special Sessions Trial No.17 of

2022, State of Uttarakhand vs. Pushkar Singh Bisht, by the court

of Special Sessions Judge (NDPS Act), Almora. By it, the appellant

has been convicted under Sections 8/20 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 and sentenced accordingly. The

appellant seeks bail during pendency of the appeal. This is the

second bail application of the applicant. His first bail application

has already been rejected on 25.06.2025.

2. Heard on Second Bail Application (IA) No.4 of 2025.

3. According to the prosecution case, on 13.11.2020,

Charas was allegedly recovered from the possession of the

applicant/appellant.

4. Learned counsel for the appellant submits that the

entire case is false; arrest memo, inventory report and sample seal

were prepared at the spot, but it bears the FIR number and other

details of the offence, which was lodged much after the alleged

recovery.

5. Learned State Counsel admits that the factual aspect.

6. The Court wanted to know from learned State Counsel

that, as to how the FIR number was recorded in the arrest memo,

inventory report and sample seal, when the FIR was admittedly

lodged much thereafter? He admits that the arrest memo, inventory

report and sample seal were prepared at the spot and it bears FIR

number.

7. Having considered, this Court is of the view that it is a

case in which the execution of sentence should be suspended and

the applicant/appellant be enlarged on bail.

8. The bail application is allowed.

9. The execution of sentence, which is under challenge in

this appeal shall remain suspended during the pendency of the

appeal.

10. Let the applicant/appellant be released on bail, during

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.

11. List in due course.

(Ravindra Maithani, J.) 26.02.2026 Sanjay