2025:UHC:10390 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1741/2025 With BA1/2138/2025 Hon’ble Alok Mahra, J. Mr. Shivam Rana proxy counsel for Mr. S.K. Mandal, learned counsel and Mr. Mohd. Safdar, learned counsel for the applicants. 2. Mr. Pratiroop Pande along with Mr. Devender Singh, learned A.G.A. for the State. 3. Applicants–Ismail, Talib and Aadil, who are in judicial custody in connection with Case Crime/F.I.R. No. 263 of 2025, under Sections 109(1), 115(2), 190, 191(2), 191(3) & 352 B.N.S., registered at Police Station Bhagwanpur, District Nainital, have sought their release on bail. 4. Heard learned counsel for the parties and perused the record. 5. Initially, an F.I.R. was lodged on 09.08.2025 by the complainant alleging that on 08.08.2025, due to an altercation, the accused persons assaulted the brother and nephew of the complainant, as a result of which Arjun, Shubham and Mangal Singh sustained serious injuries. They were taken to a hospital at Roorkee and thereafter referred to AIIMS, Rishikesh. 6. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated; that there is no independent witness of the alleged incident; that the F.I.R. has been lodged with a delay of almost 24 hours, the incident having occurred on 08.08.2025 at 15:30 hours while the F.I.R. was registered on 09.08.2025 at 2:45 p.m. 7. It is further submitted that no specific role has been attributed to the applicants in 2025:UHC:10390 the F.I.R.; that no grievous injury has been sustained by the alleged injured; that, in fact, the complainant’s side had attacked the applicants and others on the date of the incident and they were also sent for medical examination by the police; that no specific weapon is stated to have been carried by the applicants; and that no incriminating article has been recovered from them. 9. Learned counsel further submits that the applicants are in custody since 10.08.2025; that co-accused Tafajjul was granted interim protection by a Coordinate Bench of this Court vide order dated 01.09.2025 in a criminal writ petition; and that the court below rejected the bail application of the applicants on 06.09.2025. 10. Per contra, learned State counsel opposes the bail application and submits that a blood-stained hammer, iron rod and one stick were recovered from the place of occurrence. However, he admits that the co- accused has been granted interim protection by this Court, that the trial court rejected the bail application on 06.09.2025, and that the applicants are in custody since 10.08.2025. 11. Having considered the rival submissions and on perusal of the material available on record, and without commenting on the merits of the matter at this stage, this Court is of the view that the applicants have made out a fit case for grant of bail. 12. Accordingly, the first bail applications are allowed. 13. Let the applicants be released on bail in the aforesaid case crime number on their executing personal bonds and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned. [ (Alok Mahra, J.) 20.11.2025 Mamta 2025:UHC:10390