BA1/2347/2025
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Uttarakhand High Court

BA1/2347/2025 on 18 March, 2026

                                                                  2026:UHC:1867
              Office Notes,
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                               BA1 No.2347 of 2025
                               Hon'ble Alok Mahra, J.

Mr. Nagesh Aggarwal, Advocate for the applicant.

Mr. K.S. Bora, Deputy Advocate General and Mr. Dinesh Chauhan, A.G.A. for the State of Uttarakhand.

2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.295 of 2025, under Section 8/20/29/60 of N.D.P.S. Act, registered at P.S. Raipur, District Dehradun.

3. Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime and is languishing in jail since 18.09.2025. Learned counsel for the applicant has placed reliance on the judgment of the Hon'ble Supreme Court in Narcotics Control Bureau Vs. Kashif, reported in (2024) 11 SCC 372, wherein it has been held that procedural irregularities and non-compliance with mandatory provisions under the N.D.P.S. Act are material considerations while adjudicating bail applications. It was further held that although Section 37 of the Act prescribes stringent twin conditions for the grant of bail, the Court is nonetheless required to examine whether serious procedural lapses exist which may undermine the credibility of the prosecution case. It is contended by learned counsel for the applicant that co- accused, namely, Priyanshu Negi and Gautam Uniyal has already been 2026:UHC:1867

enlarged on bail by this Court in BA1 No.2156 of 2025 and BA1 No.60 of 2026 vide order dated 26.02.2025 and 27.02.2026 respectively. He submits that this is a case of parity and in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.

4. Learned State Counsel has vehemently opposed the prayer for bail.

5. Having regard to the fact that the co-accused, namely, Priyanshu Negi and Gautam Uniyal, has already been enlarged on bail by this Court, and without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicant is also entitled to be released on bail at this stage on the ground of parity.

6. The bail application is allowed.

7. Let the applicant, namely, Anshul Rawat be released on bail, 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 2026:UHC:1867

Court.

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.) 18.03.2026 Arpan

ARPAN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=eabb68a3895e41937c266c23964c048536544 5e3a20dddb7393398f9fe45ba3e, postalCode=263001,

JAISWAL st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C 5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.03.18 16:45:02 +05'30' 2026:UHC:1867