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2023 DAILYLAW 760 (UTT)

ISRAIL ALIAS DULLI v. STATE OF UTTARAKHAND

BA1/267/2026 · 2026-05-14

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.2 6 7 of 2 0 2 6 I srail @ Dulli ……Applicant Vs. State of Uttarakhand ..…Respondent Hon ’ble Ash ish Nait h an i, J. Mr. Digvijay Singh Bisht, learned Amicus Curiae, for the Applicant. 2. Mr. Deepak Bisht, learned DAG, for the State of Uttarakhand. 3. In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant – Israil @ Dulli, who has been accused in Case Crime No.198 of 2025, under Sections 109, 351 (3), 352 of BNS, at Police Station Kotwali Ranipur, District Haridwar. 4. As per the case of the prosecution, on the basis of the FIR, it is reported that the Applicant and the Applicant's brother Inam are building their second house in village Garh, Police Station Ranipur, District Haridwar, which is still under construction. In the said house on 05.05.2025 at around 7 pm, Israel alias Duli son of Ahsan, Idrish son of Shabbir and Qurban son of Sharif of the Applicant's village were consuming alcohol, smack etc. When the brother of the Applicant Inam reached his house and stopped the above mentioned people from consuming liquor, smack etc. in the house, then the above mentioned people abused the mother and sister of the Applicant Inam and threatened to kill him. On hearing the commotion, the Complainant also reached the spot, after which the above mentioned people left from there and threatened to see them again and started having a grudge against the brother of the Applicant, that on 08.05.2025 at about 09:30 pm, the brother of the Complainant was closing his tailor shop located at his house, when Israel alias Dulli, along with Idrees and Qurban, came to the shop of the Applicant in a Bolero pickup registered no. UK-17 CA-2294, which belongs to Sajid S/o Sharif, with the intention of killing the brother of the Applicant Inam and hit the brother of the Applicant Inam 3-4 times by moving his vehicle back and forth with great force. When the applicant, Farman, Islam etc. present on the spot tried to stop him, Israel tried to run the car over them as well. In the above incident, applicant's brother Inam got very serious injuries and bones of both the legs of Inam were broken, right leg was completely destroyed, and flesh was also torn off and other parts of the body were also injured and the shutter of the shop was also broken. The applicant's brother is admitted in serious condition in Himalayan Hospital Jolly Grant, Dehradun and is undergoing treatment where his condition remains serious. The Applicant was not able to come to lodge a report till now due to being late in taking care of his brother and treatment, the Applicant has now come to lodge a report. 5. Learned counsel representing the Applicant submits for the consideration of the bail that there is a delay in lodging of the FIR and there is no justification to it. He further submits that the Applicant has falsely been implicated in the present matter. It is also contended by the learned counsel for the Applicant that the Applicant is languishing in jail since 28.06.2025. 6. Bail application of the Applicant has been vehemently opposed by the learned State Counsel on the ground that the Applicant deliberately caused serious injuries to the complainant’s brother, Inam, by driving the Pickup at high speed three to four times. He further submits that the delay in lodging the FIR was stated to be his involvement in caring for and treating the injured. 7. Considering the overall facts and circumstances of the case, I find it is not a fit case for bail. Consequently, the bail application of the Applicant is hereby rejected. ( Ash ish Nait h an i, J.) 14.05.2026 Nitesh/