Vijay Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant is in judicial custody for the offence under Section 8 read with Section 21 and Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Case Crime No.274 of 2025, registered at Police Station Bahadrabad, District Haridwar.

The First Bail Application (No.2333 of 2025) was dismissed as withdrawn on 12.12.2025 granting liberty to the applicant to file afresh.

According to the First Information Report dated 06.07.2025, the police recovered 1.042 kg. smack from the possession of the co-accused Mursalin. He was arrested at 22:00 hrs. on 05.07.2025. The name of the present applicant Vijay Kumar came to light in the confessional statements of the co-accused Mursalin. The co-accused Mursalin told the police that he had received the recovered smack from Vijay.

Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent.

Mr. Bilal Ahmed, Advocate, submitted that the applicant has been falsely implicated by the co-accused. Applicant was not involved in the alleged offence. He is a farmer. He is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since 05.10.2025.

Mrs. Sweta Badola Dobhal, Brief Holder submitted on instructions that apart from the confessional statements of the co-accused Mursalin, there is no evidence available against the applicant till date.

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 – Vijay Kumar 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.