Citation : 2026 Latest Caselaw 1357 UK
Judgement Date : 23 February, 2026
2026:UHC:1170
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
23rd FEBRUARY, 2026
FIRST BAIL APPLICATION NO. 2485 of 2025
Sandeep Kumar .....Applicant
Versus
State of Uttarakhand .....Respondent
Counsel for the Applicant : Mr. Deepak Joshi, Advocate.
Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief
Holder.
Hon'ble Alok Kumar Verma,J.
The applicant - Sandeep Kumar is in judicial
custody for the offence under Sections 109, 115(2), 191(3),
324(4), 324(5), 351(2), 351(3), 352 read with Section 3(5)
of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.201
of 2025, registered at Police Station Haldwani, District
Nainital.
2. Heard Mr. Deepak Joshi, learned counsel for the
applicant and Mr. Deepak Bhardwaj, learned Brief Holder
for the respondent.
3. According to the respondent, on 23.06.2025 at
about 07.30 p.m., Harish Singh Mehra, the younger brother
of the informant, along with his companions Neeraj Bhagat,
Bhupendra Singh Bora and Ganesh Singh Darmwal were
going in a car from his house. Co-accused Rohit Mandola
alias Raja and other persons came in front of the car and
2026:UHC:1170 pulled Harish Singh Mehra out of the car and beat him.
When Bhupendra Singh and Ganesh Singh Darmwal tried to
save Harish Singh Mehra, the said persons assaulted them.
Rohit Mandola fired to kill Harish Singh Mehra. Bullet hit
Bhupendra Singh Bora. Rohit Mandola alias Raja fired the
second shot at Bhupendra Singh. The companions of Rohit
Mandola alias Raja were also armed. They also opened fire.
Harish Singh Mehra, Bhupendra Singh and Ganesh Singh
Darmwal were admitted to the hospital. The First
Information Report was registered on 24.06.2025.
4. Mr. Deepak Joshi, Advocate, has contended that
the applicant has been falsely implicated in this matter. He
was not present at the spot. He is not named in the First
Information Report. His name has come to light during the
investigation. He is not a convicted person. He is a
permanent resident of District Nainital, therefore, there is
no possibility of his absconding. Charge-sheet has already
been filed, therefore, there is no chance of tampering with
the evidence. Om Vipul Joshi and Piyush Rawat, the co-
accused of similar role, have already been granted bail by
this Court, and, the applicant is in custody since
26.06.2025.
5. Mr. Deepak Bhardwaj, Brief Holder, has opposed
the bail application orally.
6. Bail is the rule and committal to jail is an
exception. Refusal of bail is a restriction on the personal
2026:UHC:1170 liberty of the individual, guaranteed under Article 21 of the
Constitution of India. The object of keeping the accused in
detention during the trial is not punishment. The main
purpose is manifestly to secure the attendance of the
accused.
7. 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.
8. The Bail Application is allowed.
9. Let the applicant - Sandeep Kumar 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.
Date: 23.02.2026 Pant/
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