I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

12^TH SEPTEMBER, 2025

ANTI CI PATORY BAI L APPLI CATI ON NO.701 OF 2025

Sharad Kumar ..... Applicant

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicant : Mr. Kurban Ali, Advocate.

Counsel for the Respondent : Mr. Sandeep Sharma,

Assistant Government Advocate.

Hon’ble Alok Kumar Verma,J.

This Application has been filed by the applicant-

Sharad Kumar seeking anticipatory bail in Case Crime No.17 of 2025, registered at Police Station Muni-ki-Reti, District Tehri Garhwal under Section 8 read with Section 21 and Section 29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985.

2. According to the First Information Report, the police recovered 214.76 gram of smack on 12.02.2025 from

the possession of the co-accused Sunder. He was arrested.

3. Heard Mr. Kurban Ali, learned counsel for the applicant and Mr. Sandeep Sharma, learned Assistant

Government Advocate for the respondent.

4. Mr. Kurban Ali, Advocate contended that the applicant is in poultry business. The informant used to buy chicken from him. That’s why the informant used to talk to

him on mobile phone. During the course of the investigation, on the statement of the arrested accused, the police have implicated the applicant in the present matter. The arrested person has already been granted regular bail by the Co-ordinate Bench of this Court. Applicant has no criminal antecedents. He is a permanent resident of District Muzaffarnagar (Uttar Pradesh), therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 14.07.2025, and, the conditions of the interim bail have not been violated by him.

5. Mr. Sandeep Sharma, Assistant Government Advocate, has opposed the anticipatory bail application orally. However, he submitted that apart from the statement of the co-accused and call details, no other evidence have been found against the applicant.

6. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 14.07.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Sharad Kumar, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) Applicant shall not leave the country without the previous permission of the trial court.

8. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

___________________ ALOK KUMAR VERMA, J.

Date: 12.09.2025 Shiv/