I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

23^rd SEPTEMBER, 2025

FI RST BAI L APPLI CATI ON NO. 1718 of 2025

Prakash Singh Nainwal ..…Applicant

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicant : Mr. S.R.S. Gill, Advocate. Counsel for the Respondent : Ms. Rangoli Purohit, Brief

Holder.

Hon’ble Alok Kumar Verma,J.

The applicant – Prakash Singh Nainwal is in

judicial custody for the offence punishable under Section 8 read with Section 20 and Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.288 of 2025,

registered at Police Station Haldwani, District Nainital.

2. According to the First Information Report dated 26.08.2025, the applicant was apprehended by the police on 25.08.2025. The police recovered 497.8 gm. charas from the diggi of the scooty of the

applicant. He was arrested.

3. Heard Mr. S.R.S. Gill, learned counsel for the applicant and Ms. Rangoli Purohit, learned Brief Holder

for respondent.

4. Mr. S.R.S. Gill, Advocate, for the applicant contended that the applicant has been implicated by the police. He is an innocent person. The alleged recovery was planted. Applicant has no criminal antecedents. He is a permanent resident of District Almora, therefore, there is no possibility of his absconding. There was no independent witness at the time of the alleged recovery, and, the alleged contraband does not fall under the category of commercial quantity

5. Ms. Rangoli Purohit, 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. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities.

8. Having considered the submissions of learned 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 – Prakash Singh Nainwal 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: 23.09.2025 Pant/