Unknown vs State Of Uttarakhand
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Uttarakhand High Court

Unknown vs State Of Uttarakhand on 17 March, 2026

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                              Bail Application (IA No. 01 of 2026)
                              In
                              CRLA No. 72 of 2026
                              Ishlam
                                                                --Appellant
                                                   Versus
                              State of Uttarakhand
                                                              --Respondent

Hon'ble Ashish Naithani, J., Ms. Sheetal Selwal, learned counsel for the Applicant.

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

3. The matter is fixed for hearing on the Bail Application filed by the Appellant.

4. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2026).

5. The present Criminal Appeal has been filed against the judgment dated 18.02.2026, passed by the learned First Additional Sessions Judge/Special Judge (NDPS Act), Nainital in Special Sessions Trial No. 39 of 2019, State vs. Ishlam, registered at Police Station Vanbhoolpura, District Nainital, for the offences punishable under Sections 8/20 of the NDPS Act, 1985, whereby the Appellant has been convicted and sentenced 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 rigorous imprisonment for a period of six months. The period already undergone by the Appellant shall be set off against the sentence.

6. Learned counsel for the Appellant submits that the alleged contraband does not belong to the Appellant. It is further submitted that the contraband (charas) allegedly recovered is 208.8 grams, which is below commercial quantity. It is also contended that nothing has been recovered from the conscious possession of the Appellant and that the alleged recovery is false and has been falsely foisted upon him.

7. Learned State Counsel has opposed the bail application.

8. After hearing learned counsel for the parties and considering the facts and circumstances of the case, and without expressing any opinion on the merits of the case at this stage, this Court is of the opinion that sufficient grounds exist for granting bail to the Appellant.

9. Accordingly, the Bail Application is allowed. Let the Appellant 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 learned Trial Court.

10. 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.

11. The Registry is directed to prepare the paper book and supply the same to learned counsel for the parties, in accordance with the Rules.

12. List this case on 26.05.2026.

(Hon'ble Ashish Naithani, J.) 17-03-2026

Shiksha