Bhuwan Lal vs State Of Uttarakhand
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Uttarakhand High Court

Bhuwan Lal vs State Of Uttarakhand on 16 March, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
                    Bail Application (IA No.1 of 2025)

                                     In

                  Criminal Appeal No.261 of 2025

Bhuwan Lal                                             ........Appellant

                                  Versus

State of Uttarakhand                                 ........Respondent
Present:-

          Mr. B. M. Pingal, Advocate for the appellant.
          Mr. Siddhartha Bisht, learned A.G.A. for the State.

Coram:Hon'ble Ravindra Maithani, J.

Hon'ble Siddhartha Sah, J.

Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the judgment and order

dated 04/05.04.2025, passed in Special Sessions Trial No.12 of 2018,

State vs. Bhuwan Lal by the court of learned 1st Additional District &

Sessions Judge/Special Judge (N.D.P.S. Act), Nainital. By it, the

appellant has been convicted under Sections 8/20 of Narcotics Drugs

and Psychotropic Substances Act, 1985 and sentenced accordingly.

The appellant seeks bail in this appeal.

2. Heard learned counsel for the parties and perused the

record.

3. It is a case of recovery of Charas and conviction of the

appellant on 16.12.2017.

4. Learned counsel for the appellant would submit that the

entire case is false. The prosecution has not been able to prove its case.

According to the prosecution case, arrest memo and check list were

prepared at the spot, but it bears the FIR number, which was lodged

much after the alleged recovery.

5. Learned State counsel admits these facts.

6. The Court wanted to know as to how FIR number could be

recorded in the arrest memo, which was prepared at the spot? There is

no answer to it.

7. Having considered, this Court is of the view that it is a

case in which the execution of sentence should be suspended and the

appellant be enlarged on bail.

8. The bail application is allowed.

9. The execution of sentence appealed against is suspended

during the pendency of the appeal.

10. The appellant - Bhuwan Lal be released on bail, during the

pendency of the appeal, on his executing a personal bond and

furnishing two reliable sureties, each of the like amount, to the

satisfaction of the court concerned.

11. List in due course.

(Siddhartha Sah, J.) (Ravindra Maithani, J.) 16.03.2026 16.03.2026 Akash