CRLA/552/2025
2026 Latest Caselaw 834 UK

Uttarakhand High Court

CRLA/552/2025 on 9 February, 2026

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                              Bail Application (IA No. 01 of 2025)
                              In
                              CRLA No. 552 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Prashant Khanna, 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 of Uttarakhand.

3. The present Criminal Appeal has been preferred against the judgment and order dated 19.08.2025 passed by the Court of the learned Special Sessions Judge, Gopeshwar, District Chamoli, whereby the Appellant was convicted for the offence under Sections 8/20 of the NDPS Act, 1985, and sentenced to undergo three years and six months' rigorous imprisonment, along with a fine of Rs. 20,000/-, and in default of payment of fine, to further undergo three months' simple imprisonment, in Special Trial No. 12 of 2020.

4. Admit.

5. Heard learned counsel for the parties on the Bail Application (I.A. No. 1 of 2025).

6. Learned counsel for the Appellant submits that the Appellant is in jail since 19.08.2025 and has no criminal history to his credit. It is further submitted that the Appellant was on bail during the trial and never misused the liberty granted to him. It is also contended that 574 grams of charas was recovered, which is below the commercial quantity. On these grounds, it is prayed that the bail application may be allowed.

7. Learned State Counsel opposes the bail application, contending that the FSL report is positive and illegal contraband has been recovered from the Appellant; therefore, the bail application deserves to be rejected.

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, without entering into the merits of the case. It is also noted 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-Mahendra Singh 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 27.04.2026.

(Ashish Naithani, J.) 09.02.2026 Shiksha