Uttarakhand High Court
BA1/2077/2025 on 2 May, 2026
2026:UHC:3319
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.2077 of 2025
Hon'ble Alok Mahra, J.
Mr. Gaurav Singh, Advocate for the
applicant.
Mrs. Manisha Rana Singh, Deputy
Advocate General for the State of
Uttarakhand.
2. This first bail application has been
moved by the applicant seeking regular
bail in F.I.R./Case Crime No.468 of 2025,
under Sections 8/20/60 of N.D.P.S. Act,
registered at Police Station Kotwali
Jwalapur, District Haridwar.
3. Applicant was apprehended by the
police party, and from his possession,
20.538 kgs. of Ganja was allegedly
recovered.
4. It is contended by learned counsel for
the applicant that applicant has falsely
been implicated in the instant crime; has
no criminal history and is languishing in
jail since 06.08.2025. It is further
submitted that a bare perusal of the F.I.R.
reveals that the inventory report was
purportedly prepared on the spot. It is
further argued that the inventory report
bears the F.I.R./Case Crime number.
Hence, at the time of preparation of
inventory report, the F.I.R./Case Crime
number was not in existence, which
renders the prosecution version doubtful.
Learned counsel for the applicant has
placed reliance on the judgment of the
Hon’ble Supreme Court in Narcotics
Control Bureau Vs. Kashif, reported in
(2024) 11 SCC 372, wherein it has been
held that procedural irregularities and non-
2026:UHC:3319
compliance with mandatory provisions
under the N.D.P.S. Act are material
considerations while adjudicating bail
applications. It was further held that
although Section 37 of the Act prescribes
stringent twin conditions for the grant of
bail, the Court is nonetheless required to
examine whether serious procedural
lapses exist which may undermine the
credibility of the prosecution case. Learned
counsel for the applicant submits that in
case, the applicant is granted bail, he will
not misuse the same and will furnish the
bail surety as per the satisfaction of this
Court.
5. Learned State Counsel vehemently
opposed the bail application.
6. Considering the submissions of
learned counsel for the parties and the
material on record, this Court finds that
the applicant has no criminal antecedents
and is in custody since 06.08.2025. Prima
facie, there appear arguable procedural
irregularities in the prosecution case,
inasmuch as, the inventory report
allegedly prepared prior to registration of
the F.I.R. bear the F.I.R./Case Crime
number, which creates doubt requiring
scrutiny during trial. In view of the law laid
down in Narcotics Control Bureau vs.
Kashif (Supra), such lapses are relevant
for considering bail even under the rigours
of Section 37 of the N.D.P.S. Act.
7. Accordingly, without expressing any
opinion as to the final merits of the case,
this Court is of the view that applicant
deserves bail at this stage.
8. The bail application is allowed.
9. Let the applicant, namely, Monu
Sharma be released on bail, on executing
personal bond and furnishing two reliable
2026:UHC:3319
sureties, each of like amount, to the
satisfaction of Court concerned, subject to
the following conditions:
(i) The applicant shall attend the trial
Court regularly, and, he will not seek any
unnecessary adjournment.
(ii) The applicant shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with the
facts of this case.
(iii) The applicant shall not leave India
without any prior permission of the trial
Court.
It is clarified that if the applicant
misuses or violates any of the conditions,
imposed upon him, the complainant/
informant will be free to move the court
for cancellation of bail.
(Alok Mahra, J.)
02.05.2026
Arpan
ARPAN
Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c048536544
5e3a20dddb7393398f9fe45ba3e, postalCode=263001,
JAISWAL
st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C
5109CB987446351E4DF04AADAA2C2CEA66,
cn=ARPAN JAISWAL
Date: 2026.05.02 17:51:08 +05’30’
