Pradeep Kumar vs State Of Uttarakhand
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Uttarakhand High Court

Pradeep Kumar vs State Of Uttarakhand on 31 March, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

               IA No.01 of 2023 For Bail Application
                                      In
               Criminal Appeal No. 503 of 2023
Pradeep Kumar                                                 ...... Appellant

                                     Vs.

State of Uttarakhand                                         ..... Respondent


Present:
Mr. Prabhakar Narayan, Advocate for the appellant.
Mr. Siddhartha Bisht, A.G.A. for the State of Uttarakhand.

Coram:        Hon'ble Ravindra Maithani, J.

Hon'ble Siddhartha Sah, J.

Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal has been preferred against

judgment and order dated 26.05.2023, passed in Special Sessions

Trial No.05 of 2017, State Vs. Pradeep Kumar, by the court of

Special Judge, NDPS Act, Pithoragarh. By it, the appellant has

been convicted and sentenced under Section 8/20(b)(ii)(C) of the

Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Heard.

3. This appeal has already been admitted.

4. The LCR has already been received.

5. List in due course for final hearing.

6. Heard on Bail Application (IA) No.01 of 2023.

7. According to the FIR, on 18.01.2017, charas was

recovered from the possession of the appellant.

8. Learned counsel for the appellant submit that the

entire prosecution case is false; the arrest memo and the sample

seal, which were allegedly prepared at the spot, bear the FIR

number, which was lodged much after the alleged recovery.

9. Learned State Counsel admits this fact.

10. The Court wanted to know from learned State

Counsel as to how the FIR number was recorded in the arrest

memo and the sample seal, when the FIR was admittedly lodged

much thereafter? He has no answer to it.

11. Having considered, this Court is of the view that it

is a case in which the execution of sentence should be suspended

and the appellant be enlarged on bail.

12. The bail application is allowed.

13. The sentence appealed against is suspended

during the pendency of the appeal.

14. Let the appellant be released on bail during the

pendency of the appeal on his executing a personal bond and

furnishing two reliable sureties, each of the like amount, to the

satisfaction of the court concerned.

(Siddhartha Sah, J.) (Ravindra Maithani, J.) 31.03.2026

Ravi Bisht