Uttarakhand High Court
BA2/232/2025 of KAILASH SINGH SAINI Vs STATE OF UTTARAKHAND on 12 December 2025
UTTARAKHAND AT NAINITAL Second Bail Application No.232 of 2025 Kailash Singh Saini ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Geetanjali Dhami, Advocate holding brief of Mr. Sunder Singh Mehra, Advocate for the applicant. Mr. Siddharth Bisht,
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HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Bail Application No.232 of 2025 Kailash Singh Saini
….....Applicant Versus State of Uttarakhand
….….Respondent
Present:- Ms. Geetanjali Dhami, Advocate holding brief of Mr. Sunder Singh Mehra, Advocate for the applicant. Mr. Siddharth Bisht, AGA for the State.
Hon’ble Ravindra Maithani, J. (Oral)
The applicant is in judicial custody in FIR/Case Crime No.195 of 2024, dated 06.06.2024, under Sections 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Ramnagar, District Nainital. He has sought his release on bail. This is the second bail application of the applicant. His first bail application has been rejected on 18.12.2024.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 06.06.2024, police allegedly recovered narcotic substances in commercial quantity from the possession of the applicant.
4. Learned counsel for the applicant would submit that in this case charge-sheet was filed on 26.09.2024; cognizance was taken on 02.12.2024 and charges were framed on 12.03.2025. Thereafter, no witness has been examined and the trial has yet not been concluded.
5. Learned State counsel admits these factual aspects.
6. It is a case of recovery of commercial quantity of narcotic substance and in such cases Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial.
7. The applicant is in custody for more than one year. In between for more than 06 months, no progress has been made and the trial has yet not been concluded. It commands this Court to enlarge the applicant on bail.
8. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
9. The bail application is allowed.
10. Let the applicant 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.
(Ravindra Maithani, J.)
12.12.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd5 04686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD 8EC450A84B515A087CAEFD1B3179A7DEAE406 99, cn=SANJAY KANOJIA Date: 2025.12.16 12:32:30 +05'30'