High Court · 2025

Mr. Gaurav Singh and Mr. Sushil Joshi, Advocat ess for t he applicant . Mr. Pradeep Lohani, Brief Holder for t he St at e of Ut t arakhand. This first bail applicat ion has been 2. m oved by t he applicant seeking regular bail in F.I .R./ Case Crim e No.108 of 2025, under Sect ions 8/ 20/ 60 of t he N.D.P.S. Act , regist ered at Police St at ion Kot wali Jwalapur, Dist rict Haridwar. I t t hat Learned counsel for t he applicant 3. subm it s t he applicant has been falsely im plicat ed in t he present case and t hat he has no crim inal ant ecedent s. I t is furt her subm it t ed t hat t he applicant has been in j udicial cust ody since 09.03.2025 t hus, already undergone and has, furt her incarcerat ion. subst ant ial subm it t ed t hat a bare perusal of t he F.I .R. dem onst rat es t hat t he invent ory is shown t o have been prepared at t he spot , yet it st rangely cont ains t he F.I .R. raises serious doubt num ber, which Learned genuineness. regarding counsel t he applicant has placed reliance on t he j udgm ent of t he Hon’ble in Narcot ics Cont rol Suprem e Court Bureau Vs. Kashif, report ed in ( 2024) 11 SCC 372, wherein it has been held t hat non- irregularit ies procedural com pliance wit h m andat ory provisions t he N.D.P.S. Act are m at erial considerat ions while adj udicat ing bail applicat ions. t hat alt hough Sect ion 37 of t he Act prescribes furt her held I t was it s st ringent t win condit ions for t he grant of bail, t he Court is nonet heless required t o exam ine whet her serious procedural lapses exist which m ay underm ine t he t he prosecut ion case. credibilit y of t he Learned counsel cont ends arrest grounds com m unicat ed in writ ing t o t he applicant , t herefore, in light of t he law laid down by in Vihan t he Hon’ble Suprem e Court Kum ar Vs. St at e of Haryana and anot her, report ed in 2025 SCC On Line SC 269, t he applicant is ent it led t o be released on bail. t hat I n t he case of Vihan Kum ar ( supra) , 4. part icularly t he Hon’ble in para 19, Suprem e Court exam ined t he scope of t he Code of Crim inal Sect ion 50 of Procedure const it ut ional safeguard enshrined under Art icle 22( 1) of t he Const it ut ion of I ndia, observing as follows: t he “ 19. An argum ent was sought t o be canvassed t hat in view of sub- Sect ion ( 1) of Sect ion 50 of CrPC, t here is an opt ion t o com m unicat e t o t he person arrest ed full part iculars of t he offence for which he is arrest ed or t he ot her gr ounds for t he arrest . Sect ion 50 cannot have t he effect of dilut ing t he requirem ent of Art icle 22( 1) . I f held t he vice of so, Sect ion 50 will at t ract unconst it ut ionalit y. Sect ion 50 lays down t he requirem ent part iculars of t he offence for which a person is arrest ed t o him . The ‘ot her grounds for such arrest ’ referred t o in Sect ion 50( 1) have not hing t o do wit h t he grounds of arrest referred t o in Art icle 22( 1) . Sect ion 47 of t he BNSS is t he corresponding provision. Therefore, what we have held about Sect ion 50 will apply t o Sect ion 47 of t he BNSS.” com m unicat ing t he

5. A bare reading of t he aforesaid dict um m akes it abundant ly clear t hat t he const it ut ional m andat e under Art icle t he Const it ut ion of 22( 1) of I ndia independent of and not subj ect t o t he provisions of Sect ion 50 of t he Code. Com pliance wit h Art icle m andat ory, and any arrest m ade const it ut ional cont ravent ion requirem ent t he at t ract consequence laid down in para 21( f) of Vihan Kum ar ( supra) , which reads as under: 22( 1) t his t he dut y of “ 21( f) When a violat ion of Art icle 22( 1) est ablished, t o t he court fort hwit h order t he release of t he accused. That will be a ground t o grant bail even if st at ut ory rest rict ions on t he grant of bail exist . The st at ut ory rest rict ions do not affect t he power of t he court t o grant bail when t he violat ion of Art icle 21 and 22 of est ablished.” t he Const it ut ion subm ission t he 6. Considering learned counsel t he part ies and wit hout expressing any opinion as t o t he final m erit s of t he case, t his Court is of t he view t hat applicant deserves bail at t his st age.

7. The bail applicat ion is allowed. Let t he applicant , nam ely, Afj al be 8. released on bail, on execut ing personal bond and furnishing t wo reliable suret ies, each of like am ount , t o t he sat isfact ion of Court concerned, subj ect t o t he following condit ions: ( i) The applicant shall at t end t he t rial Court regularly, and, he will not seek any unnecessary adj ournm ent . ( ii) The applicant shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person acquaint ed wit h t he fact s of t his case. ( iii) The applicant shall not leave I ndia wit hout any prior perm ission of t he t rial Court . I t is clarified t hat if t he applicant m isuses or violat es any of t he condit ions, im posed upon him , t he com plainant / inform ant will be free t o m ove t he court for cancellat ion of bail. ( A l o k M a h r a , J.)

28.11.2025 Arpan ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a2 0dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109C B987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL