Aakash vs State Of Uttarakhand
2026 Latest Caselaw 1777 UK

Uttarakhand High Court

Aakash vs State Of Uttarakhand on 11 March, 2026

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                                                                                     2026:UHC:1613

                               BA1 No. 49 of 2026

                               Aakash                        --Applicant

                                               Versus

                               State of Uttarakhand         --Respondent

                               Hon'ble Ashish Naithani, J.

Mr. Subhash Chand Burman, learned counsel for the Applicant.

2. Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.

3. The present Bail Application has been moved by the Applicant - Aakash, aged about 22 years, S/o Moolchand, R/o Village Radaswali, P.O. Nagal Bijnor, P.S. Kotwali Bijnor, District Bijnor. The Applicant is in judicial custody in connection with FIR No. 332 of 2025, registered at Police Station Kankhal, District Haridwar, under Sections 109, 191(2), 191(3), 3(5) of the B.N.S., 2023 and under Section 3/25 of the Arms Act.

4. Heard Mr. Subhash Chand Burman, learned counsel for the Applicant, and Mr. Vikash Uniyal, learned Brief Holder for the State. Perused the record.

5. Learned counsel for the Applicant submits that the FIR is a delayed one and the name of the present Applicant surfaced only on the basis of the statement of a co-accused. It is further submitted that except for the said statement, no other evidence has come forward against the present Applicant. Learned counsel also submits that the prosecution has failed to establish any motive and in the absence of motive, the allegations appear doubtful. It is further submitted that no Test Identification Parade (TIP) has been conducted and no specific role has been assigned to the present Applicant in the FIR. It is also contended that there is no independent witness to support the prosecution version.

6. Learned State Counsel opposed the Bail Application.

7. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the Applicant is entitled to be released on bail at this stage.

8. Accordingly, the Bail Application is allowed.

9. Let the Applicant be released on bail upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.

10. All pending applications, if any, stand disposed of.

(Ashish Naithani, J.) 11.03.2026 Shiksha