Subhash Bohara vs State Of Uttarakhand
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Uttarakhand High Court

Subhash Bohara vs State Of Uttarakhand on 20 March, 2026

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                                                                                      2026:UHC:1998

                               BA1 No. 118 of 2026

                               Subhash Bohara                 --Applicant

                                                Versus

                               State of Uttarakhand          --Respondent

                               Hon'ble Ashish Naithani, J.

Mr. Prem Kaushal, learned counsel for the Applicant.

2. Mr. Chitrarth Kandpal, learned Brief Holder for the State of Uttarakhand.

3. The present Bail Application has been moved by the Applicant-Subhash Bohara, aged about 31 years, S/o Sri Bhuntu Bohara, R/o Village Khori, District Bajhang, Nepal. The Applicant is in judicial custody in connection with Case Crime No. 40 of 2025, registered at Police Station Banbasa, District Champawat, for the offences punishable under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act").

4. Heard Mr. Prem Kaushal, learned counsel for the Applicant, and Mr. Chitrartha Kandpal, learned Brief Holder for the State. Perused the record.

5. The present matter relates to the alleged illegal possession of contraband weighing 1.924 kg of charas.

6. Learned counsel for the Applicant submits the grounds for consideration of bail that the grounds of arrest were not communicated to the Applicant in writing; that there is an anomaly in the inventory report, as it has not been prepared in accordance with the prescribed proforma; that the inventory report mentions the FIR number, which could not have been incorporated prior to the lodging of the FIR; that the sampling procedure was not conducted properly, as the alleged recovered contraband (charas) was in the shape of strips and it is not clear whether representative samples were drawn from all such strips. It is further submitted that the Applicant has been falsely implicated in the present case and is languishing in jail since 17.04.2025.

7. Learned State Counsel opposed the Bail Application, contending that the contraband recovered from the Applicant has been confirmed to be charas by the FSL report. It is further submitted that a consent letter was duly obtained by the search party and that the recovered contraband falls within commercial quantity.

8. Considering the facts and circumstances of the case, and the submissions advanced by learned counsel for the parties, and without expressing any opinion on the merits of the case, this Court is of the view that the grounds urged on behalf of the Applicant are sufficient for grant of bail.

9. Accordingly, the Bail Application is allowed.

10. Let the Applicant be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.

11. All pending applications, if any, stand disposed of.

(Ashish Naithani, J.) 20.03.2026 Shiksha