BA1/215/2026
2026 Latest Caselaw 2138 UK

Uttarakhand High Court

BA1/215/2026 on 19 March, 2026

                                                                  2026:UHC:1919
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                               BA1 No.215 of 2026
                               Hon'ble Alok Mahra, J.

Mr. Gaurav Singh, Advocate for the applicants.

Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand.

Mohd. Safdar and Mr. B.S. Adhikari, Advocates for the complainant.

2. This first bail application has been moved by the applicants seeking regular bail in FIR/Case Crime No. 239 of 2025, under Sections 103, 115(2), 191(2), 191(3), 190, 352, 117(2) of BNS, registered at P.S.- Kotwali Roorkee, District Haridwar, has sought his release on bail.

3. Learned counsel for the applicants submits that applicants have falsely been implicated in the instant crime and are languishing in jail since 07.10.2025. Learned counsel for the applicants submits that the injured eyewitness, in his statement before the Police, could not specify as to what weapon applicants was carrying. The post-mortem report of the deceased unequivocally records the cause of death as head injury from a hard and blunt object and, as per the prosecution story, co-accused Jaid and Anus have been shown recovered with a Knife and Tabal with no injuries linked to any weapon or role attributable to the present applicant. Learned counsel for the applicant further submits that other co-accused, having similar role, have already been enlarged on bail by this Court. Learned counsel for the applicant 2026:UHC:1919

further submits that it is a case of parity and in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court. It is contended by learned counsel for the applicant that co-accused, namely, Mohd. Raza Qureshi has already been enlarged on bail by this Court in BA1 No.10 of 2026 vide order dated 11.03.2026. He submits that this is a case of parity and in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.

4. Learned State Counsel has vehemently opposed the prayer for bail.

5. Having regard to the fact that the co-accused, namely, Mohd. Raza Qureshi has already been enlarged on bail by this Court, and without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicant is also entitled to be released on bail at this stage on the ground of parity.

6. The bail application is allowed.

7. Let the applicants, namely, Asif Kureshi and Suyeb Kureshi be released on bail, on executing personal bond by each one of them and furnishing two reliable sureties by each one of them, each of like amount, to the satisfaction of Court concerned.

(Alok Mahra, J.) 19.03.2026 Arpan

ARPAN Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dd

JAISWAL db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.03.19 14:57:01 +05'30'