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2025:UHC:11598

I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

24^TH DECEMBER, 2025

FI RST BAI L APPLI CATI ON NO.2499 of 2025

Gopal Singh Chilwal ..…Applicant

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicant : Mr. Abhishek Verma,

Advocate through

video conferencing.

Counsel for the Respondent : Mr. Pradeep Lohani,

Brief Holder.

Hon’ble Alok Kum ar Verm a,J.

The applicant- Gopal Singh Chilwal is in

judicial custody for the offence punishable under

Section 8 read with Section 20 of the Narcotic Drugs

and Psychotropic Substances Act, 1985 (in short, “Act,

1985”) in Case Crime No.275 of 2025, registered at

Police Station Banbhoolpura, District Nainital.

2. According to the First Information Report

dated 16.12.2025, seeing the police, the applicant tried

to run away. He was apprehended on suspicion. The

police recovered 435 gm. Charas from his bag. He was

arrested at 14:23 hrs.

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2025:UHC:11598

3. Heard Mr. Abhishek Verma, learned counsel

for the applicant and Mr. Pradeep Lohani, learned Brief

Holder for the respondent.

4. Mr. Abhishek Verma, Advocate, contended

that the applicant is an innocent person. He was not

involved in the said offence. The alleged charas was not

recovered from his possession. There was no

independent witness at the time of the alleged recovery

from the possession of the applicant. Applicant has no

criminal antecedents. He is a permanent resident of

District Nainital, therefore, there is no possibility of his

absconding, and, the alleged recovered contraband is

less than commercial quantity.

5. Mr. Pradeep Lohani, learned Brief Holder, has

opposed the bail application orally.

6. As per Table prepared in terms of Section 2

(xxiii-a) and Section 2 (vii-a) of the Act, 1985, 100 gm.

of charas is small quantity and greater than 1 kg. is

commercial quantity (Entry No.23).

7. The object of keeping the accused in

detention during the investigation is not punishment.

The main purpose is manifestly to secure the

attendance of the accused.

8. Having considered the submissions of learned

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2025:UHC:11598

counsel for both the parties and in the facts and

circumstances of the case, without expressing any

opinion as to the merits of the case, this Court is of the

view that the applicant deserves bail at this stage.

9. The Bail Application is allowed.

10. Let the applicant – Gopal Singh Chilwal be

released on bail on his executing a personal bond and

furnishing two reliable sureties, each in the like

amount, to the satisfaction of the court concerned.

___________________

ALOK KUMAR VERMA, J.

Dt:24.12.2025

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