Uttarakhand High Court
BA1/1019/2026 of NAUSHAD ALI Vs STATE OF UTTARAKHAND on 11 August 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1019/2026 Naushad Ali --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Pragya Prakash Upadhyay, learned counsel
UKHC010099042026
SL.
No.
Date
Office Notes,
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or proceedings
or directions
and Registrar’s
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COURT’S OR JUDGE’S ORDERS
BA1/1019/2026
Naushad Ali
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
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1. Mr. Pragya Prakash Upadhyay, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned AGA for the State.
3. By the instant bail application, the applicant– “Naushad Ali, S/o Alauddin”, is seeking regular bail in reference to FIR dated 26.04.2026 bearing F.I.R. No. 38 of 2026 for the offence punishable under Section 8, 22 read with Section 29 and 60 of the NDPS Act registered at Police Station – Clement Town, District Dehradun.
4. It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated and charge sheet has already been filed and the alleged contraband, which is prohibited under the Schedule and shown to be recovered from the present applicant is much below the commercial quantity i.e. 47.2 gms and there is no substantial compliance of mandatory provisions of the NDPS Act and the recovered contraband has not been verified, as contemplated under Section 52A of the NDPS Act. He further submits that applicant is languishing in jail 26.04.2026 and have no criminal antecedents and charge sheet has also been filed.
5. On the other side, learned AGA have not disputed that the alleged contraband, which is recovered from the applicant is below the commercial quantity and applicant is languishing in jail 26.04.2026 and have no criminal antecedents.
6. After hearing the learned counsel for the parties and taking into consideration that the contraband, which is recovered from the applicant, is below the commercial quantity and applicant is languishing in jail 26.04.2026 and have no criminal antecedents and charge sheet has already been filed, this Court is of the view that the applicant deserves bail. Accordingly, UKHC010099042026 without expressing any opinion on the merit of the case, the instant bail application is allowed.
7. Let the applicant – “Naushad Ali, S/o Alauddin” be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject the following conditions:- i. The applicant shall join the trial Court proceedings on each and every date without seeking any unnecessary adjournment. ii. He shall not indulge in any criminal activity in future and if he is found to be indulged in future any criminal activity, the prosecution is free to move application for cancellation of bail. (Rakesh Thapliyal, J.) 11.08.2026 SKS