AKHTAR HUSSAIN vs STATE OF UTTARAKHAND

UKHC010128802026

2026:UHC:9638



Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

BA1/1285/2026

Akhtar Hussain
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.
Mr. Amar Murti Shukla and Mr.
Rohit Kumar Gaur, learned counsel for
the applicant.
2. Mr. Chitrarth Kandpal, Brief
Holder for the State.
3. Applicant- Akhtar Hussain, who is
in judicial custody in connection with
FIR/Case Crime No. 24 of 2026 under
Sections 8/20/60 of the Narcotic Drugs
and Psychotropic Substances Act,
1985, registered at Police Station
Bhimtal, District Nainital, has sought
his release on bail.
4. Heard learned counsel for the
parties and perused the material
available on record.
5. Learned counsel for the applicant
would submit that as per the
prosecution case, the applicant was
driving a Bolero pickup vehicle, in
which co-passenger Bachchi Ram was
sitting beside the driver; that, Upon
noticing the police, Bachchi Ram
allegedly fled from the spot, whereas
the applicant was apprehended; that,

UKHC010128802026

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during the search, two bags were
allegedly recovered, one of which
contained 2.683 kilograms of charas. It
is further alleged that the applicant
disclosed that the contraband belonged
to Bachchi Ram, who had been given a
lift by the applicant in his Bolero
pickup vehicle.
6. Learned counsel for the applicant
would submit that the applicant is
innocent and has falsely been
implicated in the present case; that, the
applicant had merely given a lift to
Bachchi Ram, who fled from the spot,
and that the applicant had no
knowledge of the contraband allegedly
kept in the vehicle. He would contend
that the alleged contraband was
recovered from a bag lying near the
footrest of the front passenger seat of
the Bolero pickup vehicle and not from
the conscious possession of the
applicant. It is further contended that
the contraband allegedly belonged to
Bachchi Ram and that mere presence
of the contraband in the vehicle, in the
absence of knowledge thereof, would
not, by itself, establish conscious
possession on the part of the applicant.
7. Learned counsel would further
submit that the mandatory provisions
of the N.D.P.S. Act have not been
complied with and that no independent
witness was associated with the alleged
recovery. He would contend that the
applicant has been implicated merely
on the basis of suspicion and an
alleged disclosure statement recorded
by the police, which, in itself, is

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inadmissible in evidence to the extent
barred by law.
8. Learned counsel would further
submit that the applicant is in judicial
custody since 18.06.2026; that, he has
no previous criminal history under the
N.D.P.S. Act; and that the trial is not
likely to conclude in the near future.
He, therefore, submits that the
applicant deserves to be enlarged on
bail.
9. Per contra, learned State counsel
would vehemently oppose the prayer for
bail. However, he does not dispute that
the applicant is in judicial custody
since 18.06.2026 and has no previous
criminal history under the N.D.P.S. Act
10. Having considered the
submissions advanced by learned
counsel for the parties, the nature of
the allegations, the circumstances
surrounding the alleged recovery, the
contention regarding conscious
possession of the contraband, and the
period of incarceration undergone by
the applicant, this Court is of the view
that the applicant has made out a case
for bail.
11. Accordingly, without expressing any
opinion on the merits of the case, the
bail application is allowed on the
following conditions:-
(a) The applicant shall execute a
personal bond and furnish two
reliable sureties in the like amount to
the satisfaction of the trial court.
(b) The applicant shall not leave the
country without prior permission of
the court.

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(c) The applicant shall appear before
the investigating officer as and when
required and cooperate with the
investigation.
(d) The applicant shall not tamper
with evidence or witnesses, either
directly or indirectly and shall not
indulge in any criminal activity while
on bail.
(e) The applicant shall surrender his
passport, if any, to the court or to the
investigating agency, to preclude risk
of absconding.

12. The bail granted to the applicant
shall be liable to be cancelled in the
event of any violation of the aforesaid
conditions or if the applicant is found
to have misused the liberty granted to
him.




(Alok Mahra J.)
26.10.2026

Mamta
MAM
TA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f2
44f3e584af1449e430ef900bf0
9a6d67ebbd642671329b,
postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d
9cabfd54852c9e68911ca8b66
dd26690a191648ab5d8dd004
ef0, cn=MAMTA RANI
Date: 2026.10.27 11:52:53
+05'30'