BA1/1496/2025
2026 Latest Caselaw 2443 UK

Uttarakhand High Court

BA1/1496/2025 on 27 March, 2026

                                                                  2026:UHC:2179
              Office Notes,
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                               BA1 No.1496 of 2025
                               Hon'ble Alok Mahra, J.

Mr. Prem Prakash Bhatt, Advocate for the applicant.

Mr. V.S. Pal, A.G.A. and Mr. Nikhil Bisht, Brief Holder for the State of Uttarakhand.

2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.478 of 2024, under Section 115(2), 351(2), 352 and 326(g) of B.N.S., registered at Police Station Kichha, District Udham Singh Nagar.

3. An F.I.R. was lodged by the complainant alleging that the applicant set fire to the thatched hut of the complainant, as a result of which certain documents belonging to the complainant's children were destroyed and a five-day-old kid (goat baby) was also burnt. Upon completion of investigation, the police have submitted a charge-sheet against the applicant.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has been languishing in judicial custody since 18.12.2024. It is contended that a perusal of the charge-sheet as well as the statements of the witnesses recorded during investigation would reveal that there is no eyewitness to the alleged incident. The implication of the applicant is stated to be based merely on suspicion arising out of an alleged altercation 2026:UHC:2179

between the applicant and the complainant's nephew on the preceding night, and the applicant has been made a scapegoat on such conjectures. It is further submitted that in the event the applicant is enlarged on bail, he shall not misuse the liberty so granted and shall furnish adequate sureties to the satisfaction of the Court.

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

6. Considering the facts and circumstances of the case, without expressing any opinion on the merits, this Court finds that the prosecution case rests primarily on circumstantial evidence, as admittedly there is no eyewitness to the alleged occurrence. The implication of the applicant appears to be based on suspicion arising out of a prior altercation, which shall be tested during trial. The applicant is in judicial custody since 18.12.2024 and there is no material to indicate that he may tamper with evidence or influence witnesses if released on bail. The trial is likely to take considerable time. Hence, the applicant has made out a case for grant of bail.

7. The bail application is allowed.

8. Let the applicant, namely, Jasveer be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.

(Alok Mahra, J.) 27.03.2026 Arpan

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

ARPAN JAISWAL UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393 398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351 E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.03.27 16:33:38 +05'30'