Uttarakhand High Court
BA1/1195/2026 of ASHIQ Vs STATE OF UTTARAKHAND on 15 July 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010118452026 2026:UHC:5823 UKHC010118452026 BA1/1195/2026 Ashiq --Applicant Versus State of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J.
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
UKHC010118452026
2026:UHC:5823
UKHC010118452026 BA1/1195/2026 Ashiq --Applicant Versus State of Uttarakhand --Respondent
Hon’ble Rakesh Thapliyal, J.
Mr. Ankur Sharma, learned counsel for the applicant.
2. Mr. Tumul K Nainwal, learned AGA, for the State of Uttarakhand.
3. The present applicant – Ashiq S/o Hamid, is praying for bail in reference to FIR dated 06.06.2026 bearing FIR No.127 of 2026, Police Station Sahaspur, District Dehradun, wherein, he has been implicated for the offences punishable under Sections 8/20 of the NDPS Act.
4. It is argued by the learned counsel for the applicant that the present applicant is innocent and has been falsely implicated and is languishing in jail since 06.06.2026. In reference to the search and seizure, he submits that search and seizure as shown is completely planted and furthermore there is no substantial compliance of the mandatory provisions of the NDPS Act. He further submits that the applicant have a criminal antecedents of two cases one relating to the Electricity Act and another one is relating to the Uttarakhand Cow Progeny Act, in which he has already been enlarged on bail. He further submits that the alleged contraband, namely, charas which is shown to be recovered from the possession of the present applicant is a non commercial quantity i.e. 519 grams, and the applicant has no criminal antecedents in reference to the similar nature of allegations.
5. On the other side, Mr. Tumul K Nainwal, learned AGA have not disputed about the quantity of the contraband which is shown to be recovered from the applicant. However, he submits that the applicant have a criminal antecedents of two cases relating to different nature of allegations, therefore, some stringent conditions may be imposed upon the applicant.
6. After hearing the submissions of the learned counsel for the parties and taking into consideration that the quantity of the contraband which is shown to be recovered which is admittedly non-commercial and the fact that in earlier two cases relating to different nature of allegations, the applicant is already enlarged on bail, this Court is of the view that the applicant deserves for bail.
7. In such view of the matter, and without expressing any opinion on the merits of the case, the bail application is allowed.
8. Let the applicant – Ashiq, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned, subject to the following conditions:- “(a) The applicant shall not indulge in any criminal activities after being released on bail.
(b) He shall report to the nearest Police Station on 1st day of every month and shall provide his mobile number to the concerned SHO. If there is any breach of conditions, as aforesaid, the prosecution is free to move an application for cancellation of bail.” (Rakesh Thapliyal, J.)
15.07.2026 Nitesh/