SHARUKH KHAN vs STATE OF UTTARAKHAND

UKHC010100822025
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
SL.
Date

No.

2026:UHC:7930

COURT’S OR JUDGE’S ORDERS

BA1/1165/2025
Sharukh Khan --Applicant
Versus
State Of Uttarakhand --Respondent
Hon'ble Rakesh Thapliyal, J.

Ms. Amreen Bano and Mr. Sparsh
Gupta, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned AGA for
the State.
3. The applicant Sharukh Khan, S/o
Mohd. Aneesh Khan is seeking regular bail
in reference to first information report dated
22.05.2025 bearing FIR No.0191 of 2025
wherein the applicant is implicated and
charge sheeted for the offence punishable
under Section 8/22 of N.D.P.S. Act, P.S.
Kotwali Roorkee, District Haridwar.
4. It is argued by learned counsel for the
applicant that applicant is innocent and has
been falsely implicated and the alleged
prohibited drug, which is shown to be
recovered is though commercial but there is
no substantial compliance of Section 52 A of
the N.D.P.S. Act since though the inventory
was prepared at the time of search and
seizure but is not certified in the manner as
provided under the Rules of 2022 as the
inventory is certified by the Magistrate
concerned only by putting an endorsement of
“seen”. Apart from this, she submits that
applicant have no previous criminal
antecedents and he is languishing in jail since
22.05.2025 and already suffered long

incarceration of more than one year. She also
submits that there is no substantial progress
in the trial since up till date only one
prosecution witness has been examined. She
conclude her argument by submitting that
since twin conditions as stipulated under
Section 37 of the N.D.P.S. Act are fulfilled as
firstly there is no substantial compliance of
Section 52-A of the N.D.P.S. Act, therefore,
there are reasonable ground that the
applicant is not guilty of the alleged offence
and secondly, the applicant has no previous
criminal antecedent and if he is enlarged on
bail, there is no such possibility that he will
indulge in such activity in future.
5. On the other side, Mr. Sandeep
Sharma, learned AGA have not disputed that
the charge sheet is filed and the applicant
have no criminal antecedent and in reference
to the inventory, he admits that the inventory
is certified by the Magistrate only by putting
an endorsement of “seen” and this aspect
though can be looked into while considering
the bail application but it is completely the
subject matter of the trial.
6. After hearing the submissions of
learned counsel for the parties and taking
into consideration that the present applicant
already suffered long incarceration of more
than one year since he is languishing in jail
from 22.05.2025 and furthermore he has no
criminal antecedent and in view of the
submission as advanced by learned counsel
for the applicant that twin conditions as
stipulated under Section 37 A of the N.D.P.S.
Act are fulfilled, this Court is of the view that
applicant deserves for bail.

7. Accordingly, without expressing any
opinion on the merit of the case, the bail
application is allowed.
8. Let the present applicant-Sharukh
Khan 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 subject to the
conditions:-
i. The applicant after being released
on bail shall join trial court
proceeding on each and every date
without seeking any unnecessary
adjournment.
ii. The applicant shall surrender his
passport, if any, before the trial court
within three days after being released
on bail.
iii. The applicant after being released
on bail shall not indulged in any such
activity in future.


(Rakesh Thapliyal, J.)
02.09.2026
Arti