Vicky Alias Vikrant v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures UKHC010053702026

2026:UHC:6642 COURT'S OR JUDGE'S ORDERS

BA1/541/2026 Vicky @ Vikrant

--Applicant Versus State Of Uttarakhand

--Respondent

Hon'ble Rakesh Thapliyal, J.

Mr. Vaibhav Singh Chauhan, learned counsel for the applicant.

¶2Mr. Sandeep Sharma, learned AGA for the State.

¶3Present applicant-Vicky @ Vikrant, S/o Shri Charan Singh is praying for bail in reference to First Information Report dated

25.04.2025 bearing FIR No.0452 of 2025, P.S. Laksar, District Haridwar for the offences punishable under Section 8/22 of NDPS Act.

¶4It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated and alleged prohibited drugs, which is shown to be recovered is commercial one, therefore, rider of Section 37 will come into his way. In reference to this, he submits that the search and seizure is completely doubtful since at the time of seizure though the inventory was prepared but is not certified by the Magistrate in the manner as provided under 2022 Rules, which itself reveals that there is substantial compliance of Section 52-A of the NDPS Act, and, therefore, there are reasonable ground that the applicant is not guilty of the offences, as alleged. He further submits that applicant has no previous criminal history and if he is enlarged on bail there is no possibility that he will be indulged in any such activity in future. In addition to this, he submits that the present applicant is languishing in jail since 25.04.2025 and the charge sheet has already been filed and taking into consideration that he is languishing in jail since last more than one year and trial has not been concluded so far therefore, the applicant be released.

¶5On the other side, Mr. Sandeep Sharma, learned AGA has not disputed that the present applicant is languishing in jail since

25.04.2025 and has criminal antecedent and so far as the inventory part is concerned he submits that whether the inventory is properly certified or not is completely the subject matter of the trial.

¶6After hearing the submission of learned counsel for the parties and taking into consideration that the present applicant is languishing in jail since 25.04.2025 and has no criminal antecedent and in view of the discussion as above, the twin condition as stipulated under Section 37 of the NDPS Act are fulfilled, therefore, this Court is of the view that applicant deserves for bail.

¶7Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.

¶8Let the present applicant-Vicky @ Vikrant be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions: "i. After being released on bail

applicant shall join the trial

court proceeding on each and

every date without seeking any

adjournment. ii. He will not make any attempt to

influence the witnesses and to

temper the evidence. iii. The applicant shall surrender

his passport, if any, before the

trial court.

(Rakesh Thapliyal, J.)

30.07.2026 Arti