BA1/1528/2025
2026 Latest Caselaw 1010 UK

Uttarakhand High Court

BA1/1528/2025 on 13 February, 2026

                                                                    2026:UHC:930


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                               BA1/1528/2025


                               Hon'ble Alok Mahra, J.

Mr. Mohd. Safdar, learned counsel for the applicant.

2. Mr. Akshay Latwal, learned A.G.A. for the State.

3. The applicants, Aas Mohammad and Dilshad, who are in judicial custody in connection with Case Crime/F.I.R. No. 192 of 2025, registered under Sections 109, 115(2), 117(2), 190, 191(2), 193(3), 351(2) and 352 of the B.N.S. at Police Station Bhagwanpur, District Haridwar, have moved the present application seeking their release on bail.

4. Heard learned counsel for the parties and perused the material available on record.

5. Learned counsel for the applicants submits that as per the prosecution version, when the complainant had gone to milk his cow, applicant no. 2 had parked his e-rickshaw in front of the complainant's gate. On being asked by the complainant's grandfather, namely Naeem, to remove the e-rickshaw, an altercation ensued. It is alleged that when the complainant's father, namely Sahraz, intervened in the dispute, the applicants assaulted him with a stick and a sharp-edged weapon, resulting in grievous injuries. The injured was taken to Mahant Indresh Hospital, where upon medical examination, the doctor opined that he had sustained two fractures on the scalp and declared the injuries to be 2026:UHC:930

grievous in nature.

6. Learned counsel for the applicants further submits that during trial, the complainant (PW-1) and the injured (PW-

2) have not supported the prosecution case and have been declared hostile. PW- 1 has categorically stated on oath that he was not an eyewitness to the incident. The injured (PW-2) deposed that there was a quarrel between the complainant and another person and that when he intervened, some unknown persons caught hold of him and assaulted him. Thus, the material witnesses have not attributed any specific role to the present applicants.

7. It is further contended that the applicants are innocent and have been falsely implicated. No specific and definite role has been assigned to them in the F.I.R. There is no independent witness to support the prosecution story. The applicants have no criminal history and are in judicial custody since 18.06.2025. They are permanent residents of District Haridwar and there is no likelihood of their absconding or tampering with evidence. It is also submitted that the trial is likely to take considerable time to conclude; therefore, the applicants deserve to be enlarged on bail.

8. Per contra, learned State counsel has opposed the bail application; however, he fairly admits that both the complainant and the injured have not supported the prosecution case and have been declared hostile; that, the applicants are in custody since 18.06.2025.

9. Having considered the submissions advanced by learned counsel for the 2026:UHC:930 parties, perused the record, and without expressing any opinion on the merits of the case, this Court finds that the applicants have made out a case for grant of bail.

10. Accordingly, the bail application is allowed.

11. Let the applicants, Aas Mohammad and Dilshad, be released on bail in the aforesaid case, subject to their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.

(Alok Mahra, J.) 13.02.2026 Mamta