Uttarakhand High Court
BA1/928/2025 on 10 July, 2025
2025:UHC:5980
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/928/2025
Hon'ble Alok Mahra, J.
Mr. Tajhar Qayyum, learned counsel for the
applicant.
2. Mr. Akshay Latwal, learned A.G.A. for the
State.
3. Applicant- Deepak Kumar, who is in judicial
custody in connection with FIR No. 567 of 2024,
under Sections 8/20/29 of the Narcotics Drugs and
Psychotropic Substances Act, 1985, registered at
Police Station Gangneher, District Haridwar has
sought his release on bail.
4. Heard learned counsel for the parties and
perused the record.
5. Learned counsel for the applicant would
submit that the applicant is innocent and has
falsely been implicated in the present case. The
name of the present applicant has surfaced only on
the basis of confessional statement of the co-
accused Pankaj. He would further submit that
although the co-accused Pankaj was apprehended
with possession of 1.136 kg of charas, the
inventory report prepared by the arresting officer
is on 06.10.2024, whereas the F.I.R. was
registered on 07.10.2025. Surprisingly, the said
inventory report bears Case Crime No. 567 of
2024 under Section 8/20 of the N.D.P.S. Act, even
though the said case crime number did not exist on
the date the inventory report was allegedly
prepared, therefore, this discrepancy creates
serious doubt about the authenticity and credibility
of the case of the prosecution.
6. Learned counsel for the applicant would
further submit that the applicant is languishing in
jail since 18.05.2025. No recovery has been made
from the applicant, and there is no independent
witness to support the allegations against him. It is
also submitted that the co-accused Pankaj Kumar
2025:UHC:5980
has already been granted bail by this Hon’ble
Court vide order dated 22.04.2025. Therefore, the
applicant is also entitled to be released on bail on
the ground of parity.
8. Per contra, learned State counsel would
oppose the bail application. However, he would
fairly concede that co-accused Pankaj Kumar in
the same crime has been granted bail by this Court
and that the applicant is in judicial custody since
18.05.2025.
9. Having considered the submissions made by
both parties and without expressing any opinion on
the merits of the case, this Court is of the view
that the applicant is entitled to be released on bail.
10. Accordingly, the 1st bail application is
allowed.
11. Let the applicant Deepak Kumar be released
on bail in the aforesaid case on his executing a
personal bond and furnishing two reliable sureties
each in the like amount, to the satisfaction of the
court concerned.
[
(Alok Mahra, J.)
10.07.2025
Mamta
2025:UHC:5980