Naval Kishore vs State Of Uttarakhand
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Uttarakhand High Court

Naval Kishore vs State Of Uttarakhand on 11 March, 2026

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             and Registrar's
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               Signatures                                                             2026:UHC:1587


                               BA1 No. 164 of 2026

                               Naval Kishore                    --Applicant

                                               Versus

                               State of Uttarakhand          --Respondent

                               Hon'ble Ashish Naithani, J.

Mr. Mani Kumar, learned counsel for the Applicant.

2. Mr. Chitrarth Kandpal, learned Brief Holder for the State of Uttarakhand.

3. The present Bail Application has been moved by the Applicant - Naval Kishore, aged about 38 years, S/o Shri Ram Kunwar, R/o Village Jalaf Nagla, Swar, P.S. Swar, District Rampur, Uttar Pradesh. The Applicant is in judicial custody in connection with FIR No. 08 of 2026, registered at Police Station Bajpur, District Udham Singh Nagar, under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

4. Heard Mr. Mani Kumar, learned counsel for the Applicant, and Mr. Chitrartha Kandpal, learned Brief Holder for the State. Perused the record.

5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the present matter and has no concern with the alleged incident. It is further submitted that the alleged recovery has been planted upon the present Applicant and that the only piece of evidence against the Applicant is the alleged confessional statement. It is also submitted that there has been non- compliance with the mandatory provisions of Sections 42 and 50 of the NDPS Act, and that nothing has been recovered from the possession of the present Applicant. Learned counsel further submits that, as per the prosecution story, 303 grams of opium, which falls under non-commercial quantity, was allegedly recovered during checking. It is also submitted that the main accused has already been granted bail and, on the ground of parity, the present Applicant is also entitled to be released on bail.

6. Learned State Counsel opposed the Bail Application.

7. Considering the facts and circumstances of the case, the nature of allegations, the quantity of contraband alleged to have been recovered which is stated to be non-commercial, the submissions advanced by learned counsel for the parties, and also taking into consideration that the co-accused has already been granted bail, and without expressing any opinion on the merits of the case, this Court is of the view that the Applicant is entitled to be released on bail at this stage.

8. Accordingly, the Bail Application is allowed.

9. Let the Applicant be released on bail upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.

10. All pending applications, if any, stands disposed of.

(Ashish Naithani, J.) 11.03.2026 Shiksha