[Cites 2, Cited by 0]
Uttarakhand High Court
BA1/2544/2025 on 10 March, 2026
2026:UHC:1549
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/2544/2025
Hon'ble Alok Mahra, J.
Mr. Mohd. Allauddin, learned counsel
for the applicant.
2. Mr. Pradeep Lohani, learned Brief
Holder for the State.
3. Applicant-Aarif, who is in judicial
custody in connection with Case
Crime/F.I.R. No. 1003 of 2025 registered
under Sections 8/22 of the N.D.P.S. Act,
P.S. Kotwali Mori, District Haridwar.
5. Heard learned counsel for the parties
and perused the record.
6. As per the prosecution case, the
applicant, along with one co-accused, was
apprehended by the police on 11.10.2025,
and it is alleged that contraband was
recovered from their possession. On the
basis of the said alleged recovery, the
present F.I.R. was lodged against the
applicant and the co-accused.
7. Learned counsel for the applicant
would submit that the applicant is
innocent and has been falsely implicated
in the present case. It is further submitted
that the total weight of the alleged
contraband recovered is 44.8 grams,
which is below the commercial quantity.
Learned counsel would further submit
that there is an unexplained delay in
lodging the F.I.R., inasmuch as the alleged
incident is stated to have taken place on
11.10.2025 at about 22:20 hours, whereas
the F.I.R. was lodged on 12.10.2025 at
about 3:30 P.M., and no plausible
explanation for such delay has been
furnished by the prosecution, which casts
2026:UHC:1549
a doubt upon the prosecution story.
8. Learned counsel for the applicant
would further submit that the applicant is
languishing in jail since 12.10.2025; that,
the applicant has no previous criminal
history. Learned counsel would further
contend that no independent public
witness has been associated with the
alleged recovery. It is further submitted
that the applicant is a permanent resident
of District Haridwar and there is no
likelihood of his absconding or tampering
with the prosecution evidence. Learned
counsel would also submit that the
applicant is only 25 years of age and his
continued incarceration for an indefinite
period would seriously prejudice his future
prospects, particularly when the trial is
likely to take considerable time to
conclude.
9. Per contra, learned State counsel
vehemently opposed the bail application.
However, he fairly conceded that the
applicant has been in judicial custody
since 12.10.2025 and that the quantity of
the contraband alleged to have been
recovered from the applicant is below the
commercial quantity.
10. Without expressing any opinion on
the merits of the case, and considering the
overall facts and circumstances of the
case, the nature of allegations, the
quantity of the contraband alleged to have
been recovered, the period of incarceration
already undergone by the applicant, and
the submissions advanced on behalf of the
parties, this Court is of the considered
view that the applicant make out a fit case
for grant of bail at this stage.
11. Accordingly, the bail application is
allowed.
12. Let the applicant be released on bail,
2026:UHC:1549
on executing personal bond and
furnishing two reliable sureties, each of
like amount, to the satisfaction of Court
concerned subject to the following
conditions:
(i) The applicant shall attend the trial
Court regularly, and, he will not seek
any unnecessary adjournment.
(ii) The applicant shall not directly or
indirectly make any inducement,
threat or promise to any person
acquainted with the facts of this
case.
(iii) The applicant shall not leave
India without any prior permission of
the trial Court.
13. It is clarified that if the applicant
misuses or violates any of the conditions,
imposed upon him, the complainant/
informant will be free to move the court for
cancellation of bail.
(Alok Mahra, J.)
10.03.2026
Mamta
MAMTA
RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef900
bf09a6d67ebbd642671329b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8
b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI
Date: 2026.03.11 18:47:40 +05'30'
