Uttarakhand High Court
Pradeep Kumar vs State Of Uttarakhand on 31 March, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.01 of 2023 For Bail Application
In
Criminal Appeal No. 503 of 2023
Pradeep Kumar ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Prabhakar Narayan, Advocate for the appellant.
Mr. Siddhartha Bisht, A.G.A. for the State of Uttarakhand.
Coram: Hon'ble Ravindra Maithani, J.
Hon’ble Siddhartha Sah, J.
Hon’ble Ravindra Maithani, J. (Oral)
The instant appeal has been preferred against
judgment and order dated 26.05.2023, passed in Special Sessions
Trial No.05 of 2017, State Vs. Pradeep Kumar, by the court of
Special Judge, NDPS Act, Pithoragarh. By it, the appellant has
been convicted and sentenced under Section 8/20(b)(ii)(C) of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Heard.
3. This appeal has already been admitted.
4. The LCR has already been received.
5. List in due course for final hearing.
6. Heard on Bail Application (IA) No.01 of 2023.
7. According to the FIR, on 18.01.2017, charas was
recovered from the possession of the appellant.
8. Learned counsel for the appellant submit that the
entire prosecution case is false; the arrest memo and the sample
seal, which were allegedly prepared at the spot, bear the FIR
number, which was lodged much after the alleged recovery.
9. Learned State Counsel admits this fact.
2
10. The Court wanted to know from learned State
Counsel as to how the FIR number was recorded in the arrest
memo and the sample seal, when the FIR was admittedly lodged
much thereafter? He has no answer to it.
11. Having considered, this Court is of the view that it
is a case in which the execution of sentence should be suspended
and the appellant be enlarged on bail.
12. The bail application is allowed.
13. The sentence appealed against is suspended
during the pendency of the appeal.
14. Let the appellant be released on bail during the
pendency of the appeal on his executing a personal bond and
furnishing two reliable sureties, each of the like amount, to the
satisfaction of the court concerned.
(Siddhartha Sah, J.) (Ravindra Maithani, J.)
31.03.2026
Ravi Bisht