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2025:UHC:11460

I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

22nd DECEMBER, 2025

FI RST BAI L APPLI CATI ON NO.2429 of 2025

Yogesh Singh Bora ..…Applicant

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicant : Mr. M.K. Goyal, Advocate.

Counsel for the Respondent : Mrs. Rangoli Purohit, Brief

Holder.

Hon’ble Alok Kum ar Verm a,J.

The applicant is in judicial custody for the

offence punishable under Section 8 read with Section

20 of the Narcotic Drugs and Psychotropic Substances

Act, 1985 (in short, “Act, 1985”) in Case Crime No.267

of 2025, registered at Police Station Banbhulpura,

District Nainital.

2. According to the respondent, on 25.11.2025,

the police saw a person (applicant) coming on a scooty.

He was directed to stop the scooty. On suspicion, he

was inquired. He told the police that charas is kept in

the dikki of his scooty. The police recovered 918 gm.

charas from the dikki. He was arrested at 14:56 hrs.

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3. Heard Mr. M.K. Goyal, learned counsel for the

applicant and Mrs. Rangoli Purohit, learned Brief Holder

for the respondent.

4. Mr. M.K. Goyal, Advocate, contended that the

applicant is innocent. The alleged charas was not

recovered from his possession. The alleged recovery

was false. There was no independent witness at the

time of the alleged recovery from the possession of the

applicant. This fact also makes the story of the police

doubtful. Applicant is a permanent resident of District

Nainital, therefore, there is no possibility of his

absconding, and, he has no criminal antecedents.

5. Mrs. Rangoli Purohit, Brief Holder, has

opposed the bail application orally. However, she

submitted on instructions that the applicant has no

criminal antecedents.

6. As per Table prepared under Section 2 (xxiii-

a) and Section 2 (vii-a) of the said Act, 1985, lesser

than 100 gm of charas is small quantity and greater

than 01 Kilogram of charas is commercial quantity

(Entry No.23).

7. The object of keeping the accused in

detention during the investigation is not punishment.

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The main purpose is manifestly to secure the

attendance of the accused.

8. Having considered the submissions of learned

counsel for both the parties and in the facts and

circumstances of the case, without expressing any

opinion as to the merits of the case, this Court is of the

view that the applicant deserves bail at this stage.

9. The Bail Application is allowed.

10. Let the applicant – Yogesh Singh Bora be

released on bail on his executing a personal bond and

furnishing two reliable sureties, each in the like

amount, to the satisfaction of the court concerned.

___________________

ALOK KUMAR VERMA, J.

Date :22.12.2025

Shiv/

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