Surendra Singh vs State Of Uttarakhand
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Uttarakhand High Court

Surendra Singh vs State Of Uttarakhand on 25 March, 2026

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                              Bail Application (IA No. 02 of 2026)
                              In
                              CRLA No. 80 of 2024
                              Surendra Singh                       .... Appellant
                                                   Versus
                              State of Uttarakhand                 .....Respondent
                              Along with connected matter.

                              Hon'ble Ashish Naithani, J.

Mr. Siddhant Manral, learned Amicus Curiae for the Appellant.

2. Mr. Dinesh Chauhan, learned A.G.A. for the State of Uttarakhand.

3. Heard learned counsel for the parties on the Bail Application (I.A. No. 02 of 2026).

4. The present Criminal Jail Appeal has been filed against the judgment and order dated 28.09.2024 passed by the learned Special Judge (NDPS), Almora, whereby the Appellant has been convicted under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo ten years' rigorous imprisonment along with a fine of Rs. 1,00,000/-. In default of payment of fine, the Appellant has further been directed to undergo six months' additional imprisonment.

5. Learned counsel for the Appellant submits that there has been non-compliance with several mandatory provisions of the NDPS Act, namely Sections 42, 50, 52A, 55 and 57. It is further submitted that the present case is one of chance recovery and no independent witness was associated with the alleged recovery. It is also contended that the Appellant has no previous criminal history. Further, the co-accused, namely Raju, in the connected matter has already been granted bail by this Court vide order dated 17.02.2026, who allegedly had a greater role, being the driver of the vehicle and having dominion over it.

6. Per contra, learned State Counsel opposed the bail application.

7. After hearing learned counsel for the parties and considering the facts and circumstances of the case, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail, without entering into the merits of the case. It is also noted that the Appellant was on bail during the pendency of the trial and did not misuse the liberty so granted.

8. Accordingly, the Appellant- Surendra Singh, shall 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.

9. 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.

10. Learned Amicus Curiae prays for time to file the grounds of appeal.

11. List these Appeals on 03.06.2026 for final hearing.

(Ashish Naithani, J.) 25.03.2026 Shiksha