2025:UHC:10805 SL. No. Dat e Office Not es, r epor t s, or der s 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 BA1 No.1684 of 2025 Hon ’ble Alok Mah r a, J. Mr. R.P. Nautiyal, Senior Advocate, assisted by Mr. Pavant Kumar Nath and Mr. Vinay Bisht, Advocates for the applicant. Mr. Tumul K. Nainwal, A.G.A. 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.0022 of 2025, under Section 106(1), 125(a) and 281 of B.N.S. (as per bail rejection order dated 04.09.2025 under Sections 105, 125(a), 125(b) and 281 of B.N.S.), registered at Police Station Chamoli, District Chamoli. 3. The First Information Report was instituted at the instance of the informant, who is the brother of the deceased, alleging that his elder brother, namely Balwant Singh, along with certain co-villagers, was returning from Badrinath to their native village in a Bolero vehicle, bearing registration number UK02-TA-8116, which was being driven by the present applicant. It is alleged that when the said vehicle reached near the bus stop adjacent to Shiv Mandir, Baidubagad, the applicant, while driving in a rash and negligent manner, lost control over the vehicle, causing it to overturn. As a consequence, Balwant Singh sustained grievous injuries, to which he subsequently succumbed. On the basis of the said allegations, an F.I.R. came to be registered under Sections 106(1), 125(a), and 281 of the Bharatiya Nyaya Sanhita, 2023. Upon conclusion of investigation, the Investigating Officer submitted a charge sheet against the applicant under Sections 105, 125(a), 125(b), and 281 of the Bharatiya Nyaya Sanhita, 2023. 4. Learned Senior Counsel appearing on behalf of the applicant contends that the applicant has been falsely implicated in the present case. It is submitted that the applicant bears a clean antecedent, has no criminal history to his discredit, and has been languishing in judicial custody for a considerable period. Learned 2025:UHC:10805 Counsel submits that the charge initially framed under Section 106 of the Bharatiya Nyaya Sanhita, 2023, has been altered to Section 105 of the said enactment on the premise that the applicant was allegedly in an inebriated condition at the time of the occurrence. It is argued that such inference has been drawn by the Investigating Officer merely on the basis of a medical report noting the presence of alcoholic odour from the applicant, upon which a challan came to be filed against him. It is further submitted that, as per Section 185 of the Motor Vehicles Act, 1988, to establish an offence of drunken driving, the prosecution must demonstrate that the concentration of alcohol in the blood was not less than 30 mg per 100 ml of blood. In the present case, neither any blood sample of the applicant was collected nor any scientific test was conducted to ascertain the presence of alcohol. Learned Counsel thus contends that the allegation of drunken driving is wholly unfounded and without evidentiary basis. It is lastly argued that the mishap in question occurred due to the sudden bursting of the tyre, and not on account of any rashness or negligence attributable to the applicant. 5. Learned State Counsel vehemently opposed the bail application. 6. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 7. The bail application is allowed. 8. Let the applicant, namely, Amar Singh be released on bail, on executing personal bond by each one of them and furnishing two reliable sureties by each one of them, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.) 04.12.2025 Arpan