Uttarakhand High Court
Unknown vs State Of Uttarakhand on 19 February, 2026
Office Notes,
reports, orders
or proceedings
SL. Dat
or directions COURT'S OR JUDGE'S ORDERS
No. e
and Registrar's
order with
Signatures
Bail Application (IA No. 02 of 2025)
In
CRLA No. 40 of 2025
Brijesh Singh Yadav
--Appellant
Versus
State of Uttarakhand
--Respondent
Hon'ble Ashish Naithani, J., Mr. Vikas Anand and Ms. Gyan Mati Kushwaha, learned counsels for the Appellant.
2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.
3. The matter is taken up for hearing on the Bail Application filed by the Appellant.
4. Heard learned counsel for the parties on the Bail Application (I.A. No. 02 of 2025).
5. The present Criminal Appeal has been preferred against the judgment and order dated 07.01.2025 passed by the learned IIIrd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar in Sessions Trial No. 224 of 2017, "State vs. Brijesh Singh Yadav", arising out of Police Station Rudrapur, District Udham Singh Nagar, whereby the Appellant was convicted under Section 25 of Arms Act and sentenced to undergo three years' rigorous imprisonment along with a fine of Rs. 1,000/- under Section 25(1B)(a) of the Arms Act. In default of payment of fine, he was directed to undergo one month additional simple imprisonment. The period already undergone in detention has been directed to be set off against the sentence awarded.
6. Learned counsel for the Appellant submits that during the trial, the Appellant was on bail. It is further submitted that the Appellant -Brijesh Singh Yadav has been detected HIV positive (AIDS) and was undergoing medical treatment. However, after his conviction and incarceration, his medical condition has deteriorated. It is contended that adequate and timely medical treatment, including administration of requisite drugs and continuous supervision, is not being properly provided in jail. It is further urged that such a patient requires specialized care and uninterrupted medical management, which may not be sufficiently available in the prison set-up, and any lapse may adversely affect his health.
7. Pursuant to the direction issued by the Coordinate Bench on 03.01.2026, a medical report has been furnished by the State.
8. Learned State Counsel, referring to the said report, submits that the Appellant /Convict - Brijesh Singh Yadav is being provided proper and adequate medical treatment and that his medical requirements are being duly attended to. It is further submitted that he has also been referred to a higher medical centre, wherever required.
9. Having considered the submissions advanced by learned counsel for the parties and taking into account the specific medical condition of the Appellant -Brijesh, namely being HIV positive (AIDS), which requires sustained, specialized and uninterrupted treatment, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail on medical grounds.
10. Accordingly, the Bail Application is allowed in respect of Appellant- Brijesh Singh Yadav.
11. Let the Appellant -Brijesh Singh Yadav be released on bail upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court concerned. The release of the Appellant on bail shall be subject to his filing an affidavit before the learned Trial Court undertaking that he shall act responsibly as a law-abiding citizen, strictly adhere to the prescribed medical treatment and precautions required in view of his medical condition, and ensure that no act on his part causes risk or prejudice to any other person.
12. It is clarified that grant of bail shall not be treated as a ground for seeking unnecessary adjournments or in any manner delaying the disposal of the present Criminal Appeal.
13. The Registry is directed to prepare the paper book and supply the same to the concerned parties, strictly in accordance with the Rules.
14. List this case on 11.05.2026.
(Ashish Naithani, J.) 19-02-2026 Shiksha