Allowed

Abhishek Negi v. State of Uttarakhand

Uttarakhand HC5 May 2026BA1/1305/2025

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an applicant charged under UP Gangsters and Anti-Social Activities Act and NDPS Act. Considering prior bail status, completed conviction for other crimes, health issues, and small quantity involved, the Court held Section 37 of NDPS Act does not attract and granted bail with conditions.

What did the court decide?

Application allowed; applicant released on bail on personal bond and two sureties subject to conditions.

Date

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

COURT’S OR JUDGES’S ORDERS

BA1 No. 1305 of 2025
Hon’ble Alok Mah r a, J.
Mr. B.M. Pingal, learned counsel for the
applicant.

2.
Mr. J.S. Virk, learned D.A.G. for the
State.

3.
This
first
bail application
has
been
moved by the applicant – Abhishek Negi,
seeking regular bail in Case Crime/ F.I.R. No.
26 of 2025, under Sections 2/ 3 of the U.P.
Gangsters
and
Anti
Social
Activities
(Prevention) Act, 1986, registered at Police
Station Lalkuan, District Nainital.
4.
Heard learned counsel for the parties
and perused the material available on record.
5.
In this case, gang chart has also been
enclosed alongwith the FIR, according to
which, as many as five cases of NDPS, are
shown against the applicant.
6.
Learned counsel for the applicant would
submit that out of these five cases, in FIR
Nos. 162 of 2023 and 140 of 2024, applicant
is on bail and in respect of FIR Nos. 36 of
2021, 134 of 2021 and 88 of 2019, applicant
was convicted to undergo imprisonment for a
period of three months, which applicant has
already undergone and applicant has also
challenged the awarded sentences by filing
the appeals, which are pending consideration.
Learned counsel for the applicant further
submits that applicant is shown to be the
leader, but, in fact, he himself is a drug addict
and the quantity, which is shown to be
recovered from the applicant in respect of the

above FIRs, is either small quantity or	less
than commercial quantity. It is fur	ther
submitted that applicant is HIV positive	and
suffering from hepatitis B and C and that	the
other co-accused have already been gra bail and that applicant is languishing in since 26.03.2025.	nted jail
7. Learned State Counsel, on the o hand, has vehemently opposed the application.	ther bail
8. Considering the submission of lea	rned
counsel for the parties and also conside the fact that the other co-accused h	ring ave
already been released on bail and	also
considering the fact that the quantity sh	own
to be recovered in relation to the afore FIRs in the gang chart is either small or b	said elow
commercial, therefore, Section 37 of N	DPS
Act would not be attracted, wit	hout
expressing any opinion as to the final m	erits
of the case, this Court is of the view that applicant deserves bail at this stage.	the
9. The bail application is allowed.
10. Let the applicant be released on bail executing personal bond and furnishing	, on two
reliable sureties, each of like amount, to	the
satisfaction of Court concerned, subject to following conditions: -	the
(a) The applicant shall not leave the co without prior permission of the court.	untry
(b) The applicant shall appear before investigating officer as and when required cooperate with the investigation.	the and
(c) The applicant shall not tamper evidence or witnesses, either directly indirectly and shall not indulge in any cri activity while on bail.	with or minal
(d) The applicant shall surrender his passpo any, to the court or to the investigating ag to preclude risk of absconding.	rt, if ency,

above FIRs, is either small quantity or

less

than
commercial
quantity.
It
is
fur

ther

submitted that applicant is HIV positive

and

suffering from hepatitis B and C and that

the

other co-accused have already been gra
bail and that applicant is languishing in
since 26.03.2025.

nted
jail

7.
Learned State Counsel, on the o
hand,
has
vehemently
opposed
the
application.

ther
bail

8.
Considering the submission of lea

rned

counsel for the parties and also conside
the fact that the other co-accused h

ring
ave

already been released on bail and

also

considering the fact that the quantity sh

own

to be recovered in relation to the afore
FIRs in the gang chart is either small or b

said
elow

commercial, therefore, Section 37 of N

DPS

Act
would
not
be
attracted,
wit

hout

expressing any opinion as to the final m

erits

of the case, this Court is of the view that
applicant deserves bail at this stage.

the

9.
The bail application is allowed.

10. Let the applicant be released on bail
executing personal bond and furnishing

, on
two

reliable sureties, each of like amount, to

the

satisfaction of Court concerned, subject to
following conditions: -

the

(a) The applicant shall not leave the co
without prior permission of the court.

untry

(b) The applicant shall appear before
investigating officer as and when required
cooperate with the investigation.

the
and

(c) The applicant shall not tamper
evidence
or
witnesses,
either
directly
indirectly and shall not indulge in any cri
activity while on bail.

with

or
minal

(d) The applicant shall surrender his passpo
any, to the court or to the investigating ag
to preclude risk of absconding.

rt, if
ency,

11. The bail granted to th	e applicant shall be
liable to be cancelled in	the event of any
violation of the aforesaid applicant is found to have granted to him.	conditions or if the misused the liberty
Ujjwal	( Alok Mah r a J.) 05.05.2026

11.
The bail granted to th

e applicant shall be

liable to be cancelled in

the event of any

violation of the aforesaid
applicant is found to have
granted to him.

conditions or if the
misused the liberty

Ujjwal

( Alok Mah r a J.)
05.05.2026

Abhishek Negi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Abhishek Negi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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