CRLA/737/2025
2026 Latest Caselaw 873 UK

Uttarakhand High Court

CRLA/737/2025 on 10 February, 2026

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                              Bail Application (IA No. 01 of 2025)
                              In
                              CRLA No. 737 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Sanjay Bhatt, 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. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2025).

4. The present Criminal Appeal has been filed against the judgment and order dated 25.11.2025 passed by the learned Special Sessions Judge, Champawat, in Special Sessions Trial No. 26 of 2022, "State vs. Satyapal", whereby the Appellant has been convicted and sentenced under Section 8/21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 1,00,000/-, and in default thereof, to undergo simple imprisonment for one year additionally.

5. 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 Appellant has no criminal history to his credit and that Section 50 of the NDPS Act has not been properly complied with. It is also submitted that the contraband (smack), i.e., 150 grams, allegedly recovered is below the commercial quantity.

6. Learned State Counsel vehemently opposed the bail application, contending that the FSL report is positive and that only two and a half months of the sentence have been served till date out of the total sentence of eight years; therefore, the bail application deserves to be rejected.

7. 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.

8. Accordingly, the Appellant- Satyapal 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.

9. 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.

10. List this case on 28.04.2026 for final hearing.

(Ashish Naithani, J.) 10.02.2026 Shiksha