Citation : 2026 Latest Caselaw 2737 UK
Judgement Date : 7 April, 2026
2026:UHC:2430
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
07TH APRIL, 2026
FIRST BAIL APPLICATION NO. 514 of 2026
Mohit Jadav .....Applicant
Versus
State of Uttarakhand .....Respondent
Counsel for the Applicant : Mr. Prabhakar Narayan,
Advocate holding brief of Mr.
Ajeet Kumar Yadav, Advocate.
Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief
Holder.
Hon'ble Alok Kumar Verma,J.
Applicant - Mohit Jadav is in judicial custody for
the offence under Sections 109(1), 61(2) read with Section
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3
read with Section 25 (1B)(a) of the Arms Act, 1959 in Case
Crime No.134 of 2025, registered at Police Station Khatima,
District Udham Singh Nagar.
2. On 28.04.2025, at 22:49 hrs, the police received
an information that five persons on two motorcycles are
coming, who had committed robbery on 25.04.2025 and
26.04.2025. The police directed the persons, who were
coming on motorcycles, to surrender. Then, they fired at
the police. Applicant and other co-accused were
apprehended by the police in the cross-firing (present FIR).
The police recovered one Aadhaar Card, one PAN Card and
2026:UHC:2430 Rs.6,000/- from the possession of the applicant. He told
them that the said money was looted by him with his other
associates on 25.04.2025 and 26.04.2025. He was arrested
at 03:05 hrs on 29.04.2025.
3. On 25.04.2025, at around 10.15 p.m., unknown
persons arrived at the informant's petrol pump "Guru Nanak
Filling Station" on two motorcycles and four of them looted
Rs.27,000/- by showing country made pistols to Nitin
Singh, the salesman of the informant. The First Information
Report (FIR No.133 of 2025) was registered on 26.04.2025.
The applicant and others committed another dacoity on
26.04.2025 and looted Rs.40,000/- and a mobile phone
from a petrol pump "MA Fuels" (FIR No.131 of 2025).
4. Heard Mr. Prabhakar Narayan, learned counsel
appearing for the applicant and Mr. Deepak Bhardwaj,
learned Brief Holder for the respondent.
5. Mr. Prabhakar Narayan, Advocate contended that
the applicant has not been named in the said First
Information Reports (FIR No.131 of 2025 and FIR No.133 of
2025). He has been falsely implicated by the police. He was
not identified by the alleged victim in the Test Identification
Parade. The alleged recoveries were false. Applicant is not a
convicted person. He is a permanent resident of District
Rohtak (Haryana), therefore, there is no possibility of his
absconding. He is in custody since 29.04.2025, and,
Harendra alias Bittu and Sahil, the co-accused of similar
2026:UHC:2430 role, have already been granted regular bail by this Court.
6. Mr. Deepak Bhardwaj, Brief Holder, has opposed
the bail application orally.
7. Bail is the rule and committal to jail is an
exception. Refusal of bail is a restriction on the personal
liberty of the individual, guaranteed under Article 21 of the
Constitution of India. The object of keeping the accused in
detention during the investigation or trial is not
punishment. The main purpose is manifestly to secure the
attendance of the accused.
8. 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.
9. The Bail Application is allowed.
10. Let the applicant - Mohit Jadav 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.
Dt: 07.04.2026 Pant/
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