BA1/2389/2025
2026 Latest Caselaw 1223 UK

Uttarakhand High Court

BA1/2389/2025 on 18 February, 2026

                                                                  2026:UHC:1069
              Office Notes,
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                               BA1 No.2389 of 2025
                               Hon'ble Alok Mahra, J.

Mr. Bhuwan Bhatt, Advocate for the applicant.

Mr. Pradeep Lohani, 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.234 of 2025, under Section 105 of B.N.S., registered at Police Station Piran Kaliyar, District Haridwar.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is entirely innocent of the allegations levelled against him. It is further submitted that the applicant has no prior criminal antecedents and has been in judicial custody since 24.08.2025. It is contended that the F.I.R. was lodged by the brother-in-law of the deceased, who is admittedly not an eyewitness to the alleged occurrence. Learned counsel submits that, as per the statements of the eyewitnesses recorded under Section 180 of the Bharatiya Nyaya Sanhita, the incident in question occurred on account of an accidental fall, whereby the deceased fell upon a vegetable peeler and the pointed edge thereof pierced his chest, resulting in his instantaneous death. Learned counsel further submits that the applicant is aged about 61 years and is suffering from various age-related ailments. It is argued that continued incarceration would seriously prejudice 2026:UHC:1069

his health and well-being. It is lastly submitted that, in the event of being enlarged on bail, the applicant undertakes not to misuse the liberty so granted and is ready and willing to furnish adequate bail bonds and sureties to the satisfaction of this Court.

4. Learned State Counsel, however, vehemently opposes the prayer for bail, submitting that the applicant had, with premeditation, caused the death of the deceased.

5. 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.

6. The bail application is allowed.

7. Let the applicant, namely, Ghasita 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.) 18.02.2026 Arpan

ARPAN

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

2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3 a20dddb7393398f9fe45ba3e, postalCode=263001,

JAISWAL st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C510 9CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.02.18 17:13:34 +05'30' 2026:UHC:1069