Uttarakhand High Court
Surendra Singh vs State Of Uttarakhand on 25 March, 2026
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Bail Application (IA No. 02 of 2026)
In
CRLA No. 80 of 2024
Surendra Singh .... Appellant
Versus
State of Uttarakhand .....Respondent
Along with connected matter.
Hon'ble Ashish Naithani, J.
Mr. Siddhant Manral, learned Amicus Curiae for the
Appellant.
2. Mr. Dinesh Chauhan, learned A.G.A. for the State of
Uttarakhand.
3. Heard learned counsel for the parties on the Bail
Application (I.A. No. 02 of 2026).
4. The present Criminal Jail Appeal has been filed against
the judgment and order dated 28.09.2024 passed by the
learned Special Judge (NDPS), Almora, whereby the
Appellant has been convicted under Section 8/20 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 and
sentenced to undergo ten years’ rigorous imprisonment
along with a fine of Rs. 1,00,000/-. In default of payment of
fine, the Appellant has further been directed to undergo six
months’ additional imprisonment.
5. Learned counsel for the Appellant submits that there
has been non-compliance with several mandatory provisions
of the NDPS Act, namely Sections 42, 50, 52A, 55 and 57. It
is further submitted that the present case is one of chance
recovery and no independent witness was associated with
the alleged recovery. It is also contended that the Appellant
has no previous criminal history. Further, the co-accused,
namely Raju, in the connected matter has already been
granted bail by this Court vide order dated 17.02.2026, who
allegedly had a greater role, being the driver of the vehicle
and having dominion over it.
6. Per contra, learned State Counsel opposed the bail
application.
7. After hearing learned counsel for the parties and
considering the facts and circumstances of the case, this
Court is of the opinion that, at this stage, sufficient grounds
exist for granting bail, without entering into the merits of
the case. It is also noted that the Appellant was on bail
during the pendency of the trial and did not misuse the
liberty so granted.
8. Accordingly, the Appellant- Surendra Singh, shall be
released on bail upon executing a personal bond and
furnishing two reliable sureties, each in the like amount, to
the satisfaction of the learned Trial Court.
9. It is clarified that the grant of bail shall not be treated
as a ground for seeking unnecessary adjournments or for
delaying the disposal of the present Criminal Appeal.
10. Learned Amicus Curiae prays for time to file the
grounds of appeal.
11. List these Appeals on 03.06.2026 for final hearing.
(Ashish Naithani, J.)
25.03.2026
Shiksha