Unknown vs State Of Uttarakhand
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Uttarakhand High Court

Unknown vs State Of Uttarakhand on 16 March, 2026

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                              Bail Application (IA No. 03 of 2026)
                              In
                              CRLA No. 333 of 2025
                              Yogendra
                                                                    --Appellant
                                                     Versus
                              State of Uttarakhand
                                                                  --Respondent
                              Hon'ble Ashish Naithani, J.

Ms. Gurbani Singh, learned Legal Aid Counsel for the Appellant.

2. Mr. Vipul Painuly, learned A.G.A. for the State of Uttarakhand.

3. The present Criminal Appeal has been filed against the impugned judgment and order dated 08.08.2024, passed by the Court of learned Special Judge, NDPS Act, Dehradun in Special Sessions Trial No. 27 of 2014, "State of Uttarakhand vs. Yogendera," whereby the learned Trial Court has convicted the Appellant under Section 20(b) of the NDPS Act and sentenced him to undergo four years' rigorous imprisonment along with a fine of Rs. 40,000/-. In default of payment of fine, the Appellant shall further undergo two months' additional rigorous imprisonment.

4. Learned Legal Aid Counsel submits that there is no independent witness and there are material contradictions in the testimonies of the prosecution witnesses. It is further submitted that the mandatory provisions of the NDPS Act have not been complied with and that the Appellant has already undergone long incarceration.

5. Learned State Counsel has opposed the bail application.

6. After hearing learned counsel for the parties and upon consideration of the facts and circumstances of the case, particularly considering the long period of incarceration, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail to the Appellant during the pendency of the appeal.

7. Accordingly, the Bail Application is allowed. The Appellant - Yogendera shall be released on bail during the pendency of the present criminal appeal, upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.

8. 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.

9. Summon the Trial Court Record.

10. Registry is directed to prepare the paper book and supply the same to learned counsel for the parties, as per Rules.

11. List this case on 25.05.2026.

(Ashish Naithani, J.) 16.03.2026 Shiksha