Yogesh Singh Bora vs State Of Uttarakhand

Alok Kumar Verma, 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.

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.

Heard Mr. M.K. Goyal, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for the respondent.

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.

Mrs. Rangoli Purohit, Brief Holder, has opposed the bail application orally. However, she submitted on instructions that the applicant has no criminal antecedents.

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).

The object of keeping the accused in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

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.

The Bail Application is allowed.

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.