Sandeep Kumar vs State Of Uttarakhand

Citation : 2026 Latest Caselaw 1357 UK
Judgement Date : 23 February, 2026

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Uttarakhand High Court

Sandeep Kumar vs State Of Uttarakhand on 23 February, 2026

Author: Alok Kumar Verma
Bench: Alok Kumar Verma
                                                       2026:UHC:1170

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   23rd FEBRUARY, 2026
            FIRST BAIL APPLICATION NO. 2485 of 2025

Sandeep Kumar                                     .....Applicant

                             Versus

State of Uttarakhand                               .....Respondent


Counsel for the Applicant    :   Mr. Deepak Joshi, Advocate.
Counsel for the Respondent   :       Mr. Deepak Bhardwaj, Brief
                                     Holder.


Hon'ble Alok Kumar Verma,J.

The applicant - Sandeep Kumar is in judicial custody for the offence under Sections 109, 115(2), 191(3), 324(4), 324(5), 351(2), 351(3), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.201 of 2025, registered at Police Station Haldwani, District Nainital.

2. Heard Mr. Deepak Joshi, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent.

3. According to the respondent, on 23.06.2025 at about 07.30 p.m., Harish Singh Mehra, the younger brother of the informant, along with his companions Neeraj Bhagat, Bhupendra Singh Bora and Ganesh Singh Darmwal were going in a car from his house. Co-accused Rohit Mandola alias Raja and other persons came in front of the car and 1 2026:UHC:1170 pulled Harish Singh Mehra out of the car and beat him. When Bhupendra Singh and Ganesh Singh Darmwal tried to save Harish Singh Mehra, the said persons assaulted them. Rohit Mandola fired to kill Harish Singh Mehra. Bullet hit Bhupendra Singh Bora. Rohit Mandola alias Raja fired the second shot at Bhupendra Singh. The companions of Rohit Mandola alias Raja were also armed. They also opened fire. Harish Singh Mehra, Bhupendra Singh and Ganesh Singh Darmwal were admitted to the hospital. The First Information Report was registered on 24.06.2025.

4. Mr. Deepak Joshi, Advocate, has contended that the applicant has been falsely implicated in this matter. He was not present at the spot. He is not named in the First Information Report. His name has come to light during the investigation. He is not a convicted person. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Om Vipul Joshi and Piyush Rawat, the co- accused of similar role, have already been granted bail by this Court, and, the applicant is in custody since 26.06.2025.

5. Mr. Deepak Bhardwaj, Brief Holder, has opposed the bail application orally.

6. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal 2 2026:UHC:1170 liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, 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.

8. The Bail Application is allowed.

9. Let the applicant - Sandeep Kumar 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: 23.02.2026 Pant/ 3