2017:UHC:8130 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 7 t h FEBRUARY, 2 0 2 6 FI RST BAI L APPLI CATI ON NO. 3 1 5 of 2 0 2 6 Ujjwal Singh Pargai ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Deepak Joshi, Advocate. Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. Applicant – Ujjwal Singh Pargai is in judicial custody for the offence punishable under Sections 109, 115(2), 191(3), 3(5), 324(4), 324(5), 351(2), 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 201 of 2025, registered at Police Station Haldwani, District Nainital. 2 . According to the respondent-State, on 23.06.2025 at about 07.30 p.m., Harish Singh Mehra, the younger brother of the informant, along with his companions Neeraj Bhagat, Bhupendra Singh Bora and Ganesh Singh Darmwal were going in a car from his house. Co-accused Rohit Mandola alias Raja and others came in front of the car and pulled Harish Singh Mehra out of the car and beat him. When Bhupendra Singh and Ganesh Singh Darmwal tried to save Harish Singh Mehra, they assaulted them. Rohit Mandola fired to kill Harish Singh 1 2017:UHC:8130 Mehra but bullet hit Bhupendra Singh Bora. Rohit Mandola alias Raja fired the second shot at Bhupendra Singh. The companions of Rohit Mandola alias Raja were also armed. They also opened fire. Harish Singh Mehra, Bhupendra Singh and Ganesh Singh Darmwal were admitted to the hospital. The First Information Report was registered on 24.06.2025. 3 . Heard Mr. Deepak Joshi, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent. 4 . Mr. Deepak Joshi, Advocate, contended that the applicant was not involved in the alleged offence. He has been falsely implicated. He did not fire any shot. The case of the respondent is that Rohit Mandola alias Raja had fired the shot which hit Bhupendra Singh Bora. No firearm was recovered from the possession of the applicant. Harish Singh Mehra, Bhupendra Singh Bora and Ganesh Singh Darmwal were discharged from the hospital on 27.06.2025, 01.07.2025 and 30.06.2025, respectively. Applicant is a permanent resident of District Naintial, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Akshay Rangwal, a co-accused of similar role, has already been granted regular bail by this Court in the First Bail Application No. 2449 of 2025, and, the applicant is in custody since 26.06.2025. 2 2017:UHC:8130 5 . Mr. Deepak Bhardwaj, Brief Holder, has opposed the bail application. 6 . Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused. 7 . Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage. 8 . The Bail Application is allowed. 9 . Let the applicant – Ujjwal Singh Pargai be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ALOK KUMAR VERMA, J. Dt: 27.02.2026 Shiv/ 3