Unknown vs State Of Uttarakhand
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Uttarakhand High Court

Unknown vs State Of Uttarakhand on 20 March, 2026

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                              CRLA No. 122 of 2026
                              With
                              Bail Application (IA No. 01 of 2026)
                              Ankit Rai
                                                                --Appellant
                                                   Versus
                              State of Uttarakhand
                                                              --Respondent

Hon'ble Ashish Naithani, J., Mr. Prem Prakash Bhatt, learned counsel for the Appellant.

2. Mr. Vikash Uniyal, learned Brief Holder 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 and order dated 21.02.2026, passed by the learned Special Sessions Judge, Champawat in S.S.T. No. 08 of 2021, State vs. Ankit Rai, whereby the Appellant has been convicted under Section 8 read with Section 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") and sentenced to undergo seven years' rigorous imprisonment along with a fine of Rs. 60,000/-. In default of payment of fine, the Appellant shall further undergo imprisonment for a period of six months.

6. Learned counsel for the Appellant submits that the Appellant has been falsely implicated in the present matter and belongs to a poor family living below the poverty line. It is further submitted that there is no independent witness, despite the alleged recovery having been made at a public place. It is also contended that the contraband allegedly recovered is below commercial quantity. Further, it is submitted that the Appellant was on bail during trial and never misused the liberty granted to him.

7. Learned State Counsel opposed the Bail Application.

8. After hearing learned counsel for the parties and considering the facts and circumstances of the case, particularly the fact that the Appellant was on bail during trial and never misused the liberty granted to him, and without expressing any opinion on the merits of the case, 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 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. Summon the Trial Court Record. Upon receipt of the same, the Registry is directed to prepare the paper book and supply it to learned counsel for the parties, in accordance with the Rules.

12. List this case on 30.05.2026.

(Hon'ble Ashish Naithani, J.) 20.03.2026

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