Mr. Sandeep Adhikari, learned Legal Aid Counsel and Mr. Pankaj Singh Chauhan, learned counsel for the Appellant.

2. Mr. N.S. Kaniyal, learned A.G.A. for the State of Uttarakhand.

3. Heard learned counsel for the parties and perused the record.

4. The present Criminal Jail Appeal has been filed against the judgment and order dated 23.07.2025 passed by the learned Special Judge (NDPS Act)/District and Sessions Judge, Champawat, in S.S.T. No. 59 of 2020, arising out of FIR No. 09 of 2020, registered at Police Station Lohaghat, District Champawat, whereby the Appellant has been convicted for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment along with fine, as awarded by the learned Trial Court.

5. Learned counsel for the Appellant submits that during the course of trial, the Appellant remained on bail and never misused the liberty so granted. It is further submitted that the Appellant has been in custody since the date of the judgment of conviction, i.e., 23.07.2025. Learned counsel submits that the Appellant has no previous criminal history to his credit and that there is no independent witness to the alleged recovery. It is also submitted that the appeal is not likely to be heard in the near future and the Appellant has already undergone a substantial period of the sentence awarded to him.

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, particularly the fact that the Appellant remained on bail throughout the trial and never misused the liberty so granted, the period of incarceration already undergone, and the likelihood of the appeal taking some time for final disposal, this Court is of the opinion that a fit case for grant of bail is made out. Accordingly, without expressing any opinion on the merits of the appeal, sufficient grounds exist for granting bail to the Appellant during the pendency of the appeal.

8. Accordingly, the Bail Application (IA No. 01 of 2026) is allowed.

9. Let the Appellant be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.

10. It is clarified that grant of bail shall not be treated as a ground for seeking unnecessary adjournments or for delaying the disposal of the present Criminal Jail Appeal.

11. Admit.

12. Let the Trial Court Record be summoned.

13. Upon receipt of the Trial Court Record, the Registry is directed to prepare the paper book and furnish copies thereof to learned counsel for the parties in accordance with the Rules.

14. List this case on 31.07.2026.