BA1/1836/2025
2026 Latest Caselaw 1654 UK

Uttarakhand High Court

BA1/1836/2025 on 9 March, 2026

                                                                  2026:UHC:1470
              Office Notes,
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                               BA1 No.1836 of 2025
                               Hon'ble Alok Mahra, J.

Mr. Pranav Saxena, Advocate for the applicant.

Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand.

2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.09 of 2024, under Section 307 I.P.C., registered at Police Station Gairsain, District Chamoli (Section 302 I.P.C. mentioned in Bail Rejection Order dated 19.06.2025).

3. Learned counsel for the applicant submits that the applicant stands falsely implicated, being a law-abiding citizen and ex-Army personnel aged 53 years with no criminal antecedents. He has remained in judicial custody since 21.04.2024. It is argued that the F.I.R. and witness statements, particularly under cross-examination, disclose no motive or mens rea attributable to the applicant, rendering the prosecution narrative fabricated and motivated by a land grab. No documentary evidence allegedly links the applicant to the crime, and he undertakes not to misuse liberty if released on bail with adequate sureties.

4. Per contra, learned State Counsel opposed the prayer for bail, highlighting the gravity of the offence. The prosecution version, supported by eyewitness accounts and medical evidence indicating life-threatening 2026:UHC:1470

injuries, prima facie establishes complicity.

5. Having heard the learned counsel for the parties and upon perusal of the material available on record, including the F.I.R., it transpires that the allegations levelled against the applicant disclose the commission of a grave and heinous offence. The incident, as narrated in the F.I.R., pertains to a brutal assault committed with sharp- edged weapons. Such allegations, prima facie, have serious ramifications for public order and the safety of society. At this stage of the proceedings, when the trial is still at a nascent stage, it would not be appropriate for this Court to undertake a detailed examination of the evidence or to embark upon a mini-trial by evaluating alleged contradictions, questions of motive, or the defence set up by the applicant, as these issues fall squarely within the domain of the trial Court and are to be adjudicated upon during the course of trial. Although it has been contended that the applicant has remained in custody for a considerable period, the same, by itself, cannot be treated as a decisive ground for grant of bail, particularly when the investigation is still in progress and recovery of the weapons allegedly used in the commission of the offence, as well as further probe into the specific role of the applicant, is yet to be completed. In such circumstances, the possibility of the applicant tampering with the prosecution evidence or absconding cannot be ruled out. Moreover, the statements of the eyewitnesses, as collected during the course of investigation, prima facie lend support to the prosecution version.

2026:UHC:1470

6. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the applicant at this stage.

7. Consequently, the bail application is rejected.

(Alok Mahra, J.) 09.03.2026 Arpan

ARPAN

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

2.5.4.20=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001,

JAISWAL st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.03.09 17:24:41 +05'30'