[Cites 8, Cited by 0]
Uttarakhand High Court
BA1/2444/2025 on 26 February, 2026
2026:UHC:1374
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/2444/2025
Hon'ble Alok Mahra, J.
Mr. Ravi Bisht, learned counsel for
the applicant.
2. Mr. K.S. Bora, learned Deputy A.G.
along with Mr. S.C. Dumka, A.G.A. and
Mr. Dinesh Chauhan, learned Brief
Holder for the State.
3. Applicant-Harpit Singh @ Jodha
Singh, who is in judicial custody in
connection with Case Crime/FIR No.
203 of 2019, registered under Sections
147, 148, 149, 452, 307, 506 & 34
I.P.C. at Police Station Sitarganj,
District Udham Singh Nagar, has
sought his release on bail.
4. Heard learned counsel for the
applicant and perused the record.
5. Learned counsel for the applicant
would submit that on 14.06.2019, an
F.I.R. was lodged by the complainant
alleging therein that on 13.06.2019,
suddenly 7-8 persons arrived at the
informant's godown on motorcycles and
in a car; that they had masked their
faces and forcibly entered the premises;
and that they assaulted the
complainant.
6. It is contended on behalf of the
applicant that he was neither named in
the F.I.R. nor charge-sheeted after
completion of investigation. The
Investigating Officer, upon due
investigation, submitted charge-sheet
against certain co-accused persons, but
2026:UHC:1374
did not find sufficient material against
the present applicant. His name
surfaced subsequently only on the
basis of the statement of PW-1 (injured)
recorded during trial.
7. It is further submitted that the
learned Sessions Judge, Khatima,
District Udham Singh Nagar, vide order
dated 17.02.2021, summoned five
persons including the present applicant
under Section 319 Cr.P.C.; that, the
said summoning order was challenged
by four similarly situated co-accused
before this Court by filing criminal
revisions; that, the Coordinate Bench of
this Court, vide judgment and order
dated 26.07.2024, allowed the revisions
and set aside the summoning order
dated 17.02.2021.
8. Learned State counsel would
vehemently oppose the bail application,
however, he does not dispute the
aforesaid factual position.
9. From the record, it transpires that
the applicant stands on identical
footing with the said four co-accused
persons whose summoning under
Section 319 Cr.P.C. has already been
set aside by this Court. The applicant
was not charge-sheeted during
investigation and his implication rests
solely on the statement of the injured
witness recorded during trial. In view of
the fact that the very order of
summoning under Section 319 Cr.P.C.,
on the basis of which the applicant
came to be arrayed as an accused, has
already been set aside by a Coordinate
Bench in respect of other similarly
situated co-accused, the claim of the
applicant on the ground of parity merits
2026:UHC:1374
consideration.
10. Considering the totality of facts
and circumstances of the case,
particularly the fact that the applicant
was not named in the F.I.R.; that, he
was not charge-sheeted after
investigation; that, the summoning
order under Section 319 Cr.P.C. has
already been set aside by this Court in
respect of similarly placed co-accused;
this Court is of the considered opinion
that the applicant has made out a fit
case for grant of bail, without
expressing any opinion on the merits of
the case.
11. Accordingly, the bail application is
allowed.
12. Let the applicant be released on
bail in the aforesaid case crime number
on furnishing a personal bond and two
reliable sureties, each in the like
amount, to the satisfaction of the court
concerned.
(Alok Mahra, J.)
26.02.2026
Mamta
MAMTA
RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e4
30ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e68
911ca8b66dd26690a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2026.02.27 19:34:53 +05'30'
2026:UHC:1374
