Research › Search › Judgment

High Court of Uttarakhand · body

2023 DAILYLAW 757 (UTT)

GAGAN v. STATE OF UTTARAKHAND

BA1/545/2026 · 2026-05-11

Ashish Naithani

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA 1 st No. 54 5 of 2 02 6 Gagan Vs. State of Uttarakhand Hon ’ble Ash ish Nait h an i, J. Mr. Avneesh Kumar, learned counsel for the Applicant. 2. Mr. Pradeep Lohani, learned AGA, for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with FIR/Case Crime No. 84 of 2026, registered under Sections 305, 331(4), 317(2) and 3(5) of the B.N.S., at Police Station Laksar, District Haridwar. 4. Heard Mr. Avneesh Kumar, learned counsel for the Applicant as well as learned State Counsel and perused the material available on record. 5. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged recovery is false and fabricated. He further submits that the Applicant is languishing in jail since 24.01.2026 and has no previous criminal history. It is further contended that the Applicant is neither named in the F.I.R. nor any incriminating article has been recovered from his possession. Learned counsel submits that the Applicant has not committed any offence and is entitled to be enlarged on bail. 6. Per contra, learned State Counsel has vehemently opposed the bail application and submitted that the Applicant has criminal antecedents and stolen articles have been recovered from the possession of the co-accused persons, which have also been identified by the complainant. Therefore, it is argued that no case for bail is made out. 7. Considering the overall facts and circumstances of the case, the nature of allegations, the period of incarceration undergone by the Applicant, and without expressing any opinion on the merits of the case, this Court is of the view that the Applicant has made out a fit case for grant of bail. 8. Accordingly, the Bail Application is allowed. 9. Let the Applicant be released on bail in connection with FIR/ Case Crime No. 84 of 2026, registered under Sections 305, 331(4), 317(2) and 3(5) of the B.N.S., at Police Station Laksar, District Haridwar, on furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 10. It is made clear that the Applicant shall cooperate with the trial proceedings and shall not misuse the liberty of bail. In case of breach of any condition imposed by the court below, it shall be open to the prosecution to seek cancellation of bail. ( Ash ish Nait h an i, J.) 11.05.2026 Anand/