Uttarakhand High Court
BA1/1552/2025 on 12 February, 2026
2026:UHC:826
Office Notes,
reports, orders
or proceedings
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Date or directions COURT'S OR JUDGE'S ORDERS
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and Registrar's
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Signatures
BA1 No.1552 of 2025
Hon'ble Alok Mahra, J.
Mr. Rishab Ranghar, Advocate for the applicant.
Mr. Akshay Latwal, A.G.A. and Mr. Prabhat Kandpal, Brief Holder for the State of Uttarakhand.
2. 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.
3. 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.
4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present matter and has been in judicial custody since 15.07.2025. It is contended that the 2026:UHC:826 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.
5. 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.
6. 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.
7. The bail application is allowed.
8. Let the applicant, namely, Raju 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.) 12.02.2026 Arpan ARPAN Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853654 45e3a20dddb7393398f9fe45ba3e, JAISWAL postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454 C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.02.12 15:34:20 +05'30'