Citation : 2026 Latest Caselaw 68 UK
Judgement Date : 3 January, 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application No. 01 of 2025
In
Criminal Appeal No.303 of 2025
Lalit Singh ......Appellant
Versus
State of Uttarakhand ....Respondent
Present:
Mr. Yogesh Pacholia, Advocate for the appellant.
Ms. Manisha Rana Singh, D.A.G. for the State.
Hon'ble Ravindra Maithani, J.(Oral)
Instant appeal is preferred against the judgment and order
dated 26.04.2025, passed in Special Sessions Trial No. 33 of 2021,
State Vs. Lalit Singh, by the court of Special Sessions Judge (NDPS
Act)/Sessions Judge, Champawat. By it, the appellant has convicted
under Section 8/20 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 ("the Act") and sentenced under Section 8/20
(b)(ii)(B) of the Act. He seeks bail in this appeal.
2. Heard learned counsel for the parties and perused the
record.
3. This is an admitted appeal.
4. List on 13.02.2026 for final hearing.
Heard on Bail Application No. 1 of 2025
5. According to the prosecution case, on 07.12.2020, charas
was allegedly recovered from the possession of the appellant.
6. Learned counsel for the appellant submits that entire case
is false; the appellant has been falsely implicated. He submits that
according to the prosecution case, at the time of alleged recovery, the
recovery memo, specimen seal etc. were recovered, but submits that
the specimen seal is on record, which records FIR number, which was
lodged much after the alleged recovery.
7. Learned State counsel admits that the specimen seal was
prepared at the spot which bears the FIR number.
8. The Court wanted to know from the learned State counsel
as to how, in the specimen seal, FIR number could be recorded which
was lodged much after the alleged recovery? There is no answer to it.
9. Having considered, this Court is of the view that it is a
case in which the execution of sentence should be suspended and the
appellant be enlarged on bail.
10. The bail application is allowed.
11. The execution of sentence appealed against is suspended
during the pendency of the appeal.
12. The appellant be released on bail, during the 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.
(Ravindra Maithani, J.) 03.01.2026 Jitendra
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