Herry Alias Aryan vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant-Herry alias Aryan is in judicial custody for the offence punishable under Section 8 read with Section 21 and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Case Crime No.166 of 2025, registered at Police Station Khatima, District Udham Singh Nagar.

According to the First Information Report dated 27.05.2025, a co-accused Yusuf Ansari alias Guddu was apprehended by the police. The police recovered 141 gm heroin from his possession. He was arrested. He told the police that he has brought the said recovered heroin from Herry alias Aryan (applicant).

Heard Mr. Saurabh Kumar Pandey, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Saurabh Kumar Pandey, Advocate, contended that the applicant has been falsely implicated by the co-accused. Applicant was not involved in the alleged offence. He has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he is in custody since 01.10.2025.

Mr. Pradeep Lohani, learned Brief Holder, on instruction, submitted that apart from the statements of the co-accused, no other evidence has been found against the applicant regarding the said contraband till date.

The object of keeping the accused in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Herry alias Aryan be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.