Uttarakhand High Court
BA1/278/2026 on 26 February, 2026
2026:UHC:1377
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
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Signatures
BA1/278/2026
Hon'ble Alok Mahra, J.
Mr. Rishab Ranghar, learned counsel for the applicant.
2. Mr. K.S. Bora, learned Deputy A.G. along with Mr. S.C. Dumka, learned A.G.A. and Mr. Dinesh Chauhan, learned Brief Holder for the State.
3. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.0358 of 2025, under Section 103(1) and 3(5) of B.N.S., registered at Police Station Patel Nagar, District Dehradun.
4. An F.I.R. was lodged by the complainant alleging that a dispute existed regarding the common pathway between the deceased (father of the complainant) and his brother. It is stated that on 13.07.2025, a sudden quarrel ensued between the deceased and the applicant along with the applicant's son, Sagar. During the altercation, it is alleged that the applicant and his son struck the deceased on the chest, pushed him, causing him to fall to the ground. The complainant further alleges that he then took the deceased to the Cantonment Hospital, Prem Nagar, from where he was referred to Subharti Hospital, and upon arrival, the deceased was declared dead.
5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present matter 2026:UHC:1377 and has been in judicial custody since 15.07.2025. It is contended that the complaint was lodged based on hearsay, as the complainant was not present at the scene of the alleged incident, which is apparent from the perusal of the F.I.R. Learned counsel further submits that even if the allegations in the F.I.R. are taken at their face value, the provisions contained under Sections 103(1) and 3(5) of the B.N.S. are not attracted and, at the most, the case would fall under Exception 4 to Section 101 of B.N.S. It is also submitted that, if granted bail, the applicant will not misuse the liberty and is willing to furnish bail surety to the satisfaction of this Court.
6. Learned counsel for the applicant submits that the applicant has been in judicial custody since 15.07.2025. It is further contended that the applicant has no previous criminal history and is a permanent resident of District Dehradun; hence, there is no likelihood of his absconding or misusing the liberty of bail. Learned counsel further submits that the co-accused, namely Raju, who has been assigned a similar role in the alleged incident, has already been enlarged on bail by this Court vide order dated 12.02.2026. On the principle of parity, it is argued that the present applicant is also entitled to be released on bail.
7. Learned State Counsel, however, vehemently opposes the prayer for bail, submitting that a dispute exists regarding the common pathway and that the applicant had, with premeditation, caused the death of the deceased. However, he would admit that the 2026:UHC:1377 applicant is languishing in jail since 15.07.2025 and the co-accused with similar role has already been granted bail by this Court vide order dated 12.02.2026.
8. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.
9. The bail application is allowed.
10. Let the applicant be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.
(Alok Mahra, J.) 26.02.2025 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e 430ef900bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e6 8911ca8b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.02.27 19:33:26 +05'30' 2026:UHC:1377