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.
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