Udit Jha vs State Of Uttarakhand
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Uttarakhand High Court

Udit Jha vs State Of Uttarakhand on 22 August, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
               Second Bail Application No.152 of 2025

Udit Jha                                                .............Applicant

                                    Versus

State of Uttarakhand                                     ........Respondent

Present:-
       Mr. Shivam Gulati, Advocate for the applicant.
       Mr. Virendra Singh Rawat, AGA for the State.


Hon'ble Ravindra Maithani, J. (Oral)

The applicant is in judicial custody in FIR No.430 of

2024, dated 14.05.2024, under Sections 302, 201, 120-B IPC,

Police Station Kotwali Jwalapur, District Haridwar. This is the

second bail application of the applicant. His first bail application

has already been dismissed as withdrawn on 24.04.2025. He has

sought his release on bail.

2. Heard learned counsel for the parties and perused the

record.

3. Learned counsel for the applicant submits that, in fact,

the grounds of arrest were not communicated to the applicant in

writing, and it makes a ground for bail, as laid down by the Hon'ble

Supreme Court in the case of Vihaan Kumar Vs. State of Haryana

and Another, 2025 SCC OnLine SC 269.

4. Learned State Counsel admits that the grounds of

arrest, in writing, were not communicated to the applicant.

5. In para 21 of the judgment in the case of Vihaan

Kumar (supra), the Hon'ble Supreme Court observed as follows:-

"21. Therefore, we conclude:

a) The requirement of informing a person arrested of grounds of arrest is a mandatory requirement of Article 22(1);

....................................................................................... ....................................................................................... ......................................................................................

f) When a violation of Article 22(1) is established, it is the duty of the court to forthwith order the release of the accused. That will be a ground to grant bail even if statutory restrictions on the grant of bail exist. The statutory restrictions do not affect the power of the court to grant bail when the violation of Articles 21 and 22 of the Constitution is established."

6. Having considered, this Court is of the view that it is a

case fit for bail and the applicant deserves to be enlarged on bail.

7. The bail application is allowed.

8. Let the applicant 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.

(Ravindra Maithani, J.) 22.08.2025 Sanjay

SANJAY

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=e50e50b49596520698eff87e0a08bbd 504686df4d1afc60f54a287831dec46fe,

KANOJIA postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255D D8EC450A84B515A087CAEFD1B3179A7DEAE4 0699, cn=SANJAY KANOJIA Date: 2025.08.22 18:27:07 +05'30'