Kundan Singh And Another ...... ... vs State Of Uttarakhand
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Uttarakhand High Court

Kundan Singh And Another ...... ... vs State Of Uttarakhand on 10 March, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                IA No.1 of 2023 For Bail Application
                                          In
               Criminal Appeal No. 426 of 2023

Kundan Singh and Another                                        ...... Appellants

                                      Vs.

State of Uttarakhand                                            ..... Respondent

Present:
Mr. Amit Kapri, Advocate for the appellants.
Mr. Siddhartha Bisht, A.G.A. for the State of Uttarakhand.

Coram:        Hon'ble Ravindra Maithani, J.

Hon'ble Siddhartha Sah, J.

Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal has been preferred against

judgment and order dated 28.06.2023, passed in Special Sessions

Trial No.05 of 2021, State Vs. Kundan Singh and Another, by the

court of Special Sessions Judge (NDPS Act), Pithoragarh. By it, the

appellants have been convicted and sentenced under Section 8

read with Section 20(b)(ii)(c) of the Narcotic Drugs and

Psychotropic Substances Act, 1985.

2. Heard.

3. This appeal has already been admitted.

4. The LCR has already been received.

5. List in due course for final hearing.

6. Heard on Bail Application (IA) No.1 of 2023.

7. According to the prosecution case, on 26.10.2020,

charas in commercial quantity was recovered from the possession

of the appellants.

8. Learned counsel for the appellants submits that

the entire prosecution case is false; according to the police, the

recovery memo was prepared at the spot, and at the same time,

the article was sealed and a sample seal was prepared, but he

submits that the sample seal bears the FIR number, which was

lodged much after the alleged recovery.

9. These facts are not disputed by learned State

Counsel.

10. The Court wanted to know as to how, at police

station, the FIR number could be recorded, and who recorded it?

Is there any document supporting to it? The answer is in negative.

11. Having considered this and other attending

factors, we are of the view that it is a case in which the execution

of sentence should be suspended and the appellants be enlarged

on bail.

12. The bail application is allowed.

13. The sentence appealed against is suspended

during the pendency of the appeal.

14. Let the appellants- Kundan Singh and Mahesh @

Manoj Singh be released on bail during the pendency of the

appeal on their executing a personal bond and furnishing two

reliable sureties, each of the like amount, by each one of them, to

the satisfaction of the court concerned.

(Siddhartha Sah, J.) (Ravindra Maithani, J.) 10.03.2026

Ravi Bisht