BA1/50/2026 on 13 March, 2026

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    Uttarakhand High Court

    BA1/50/2026 on 13 March, 2026

                   Office Notes,
                reports, orders or
                 proceedings or
    No   Date                                    COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
    
                                     BA1 No. 50 of 2026
                                     Hon'ble Alok Mahra, J.
    

    Mr. S.R.S. Gill, learned counsel for the
    applicant.

    2. Mr. Jai Prakash, learned Brief Holder for
    the State.

    SPONSORED

    3. The applicant – Jagdish Sethi, who is in
    judicial custody in connection with FIR/Case
    Crime No. 671 of 2025, under Sections 8, 20
    and 29 of NDPS Act, registered at P.S.-
    Kotwali Jwalapur, District Haridwar, has
    sought his release on bail.

    4. Heard learned counsel for the parties
    and perused the records.

    5. In the present case, an FIR was lodged
    on 21.11.2025, under Sections 8, 20 and 29
    of NDPS Act, whereby, 21 Kg, 700 grams of
    ganja alongwith a pistol was alleged to be
    recovered from the possession of the
    applicant.

    6. Learned counsel for the applicant
    submits that applicant has falsely been
    implicated in this case; that the applicant was
    arrested on 27.11.2025 and since then he is
    languishing in jail. Learned counsel for the
    applicant has further submitted that the
    inventory report and arrest memo were
    allegedly prepared at the spot prior to the
    lodging of the F.I.R., however, all such
    documents bear the F.I.R. number. Learned
    counsel submits that, on this basis, recovery
    appears to be planted and this circumstance
    creates a serious doubt about the genuineness
    of the prosecution version. If the documents
    were prepared before registration of the
    F.I.R., the mention of the F.I.R. number on
    such documents indicates ante-timing and
    manipulation. It is further submitted that
    there is no corresponding General Diary
    (G.D.) entry reflecting the time of registration
    of the F.I.R. number, thereby casting
    additional doubt on the authenticity of the
    prosecution case. It is also submitted by
    learned counsel for the applicant that though
    the applicant has one previous criminal
    history of NDPS case, but, he has already
    been granted bail in that matter.

    7. Learned State Counsel, on the other
    hand, has vehemently opposed the bail
    application.

    8. Having considered the submissions,
    under the facts and circumstances of the case
    and also considering the fact that there is no
    corresponding General Diary (G.D.) entry
    reflecting the time of registration of the F.I.R.
    number, 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 personal bond and furnishing
    two reliable sureties, each of like amount, to
    the satisfaction of Court concerned, subject to
    the following conditions:-

    (a) The applicant shall not leave the country
    without prior permission of the court.

    (b) The applicant shall appear before the
    investigating officer as and when required and
    cooperate with the investigation.

    (c) The applicant shall not tamper with
    evidence or witnesses, either directly or
    indirectly and shall not indulge in any criminal
    activity while on bail.

    (d) The applicant shall surrender his passport, if
    any, to the court or to the investigating agency,
    to preclude risk of absconding.

    11. The bail granted to the applicant shall be
    liable to be cancelled in the event of any
    violation of the aforesaid conditions or if the
    applicant is found to have misused the liberty
    granted to him.

    (Alok Mahra J.)
    13.03.2026
    Ujjwal



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