2025:UHC:9529 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 9 TH OCTOBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO.2 0 3 1 of 2 0 2 5 Faizan ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Vikas Kumar Guglani, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. The Applicant- Faizan is in judicial custody for the offence punishable under Sections 109(1), 152(2), 191(2), 191(3), 190 and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.286 of 2025, registered at Police Station Kichha, District Udham Singh Nagar. 2 . As per the First Information Report dated 06.09.2025, the applicant and other co-accused persons came with weapons on 05.09.2025. The co- accused Wali Jaan assaulted Afroz, the brother of the informant, with a Tabal (a sharp edged weapon), due to which he got injured. 1 2025:UHC:9529 3 . Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4 . Mr. Vikas Kumar Guglani, Advocate, contended that the applicant has been falsely implicated by the informant. In the recent Panchayat elections, the informant contested the election of Gram Pradhan. The applicant supported the candidate who was contesting against him. The informant had lost the election. There was an altercation between the co- accused Wali Jaan and Afroz and due to minor altercation, the informant implicated all the family members of Wali Jaan. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. He has no criminal antecedents, and, he is in custody since 13.09.2025. 5 . Mr. Pradeep Lohani, learned Brief Holder, has opposed the bail application orally. 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 person in detention during the investigation 2 2025:UHC:9529 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- Faizan 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: 29.10.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f 008e9a4a8038ee7326b08b2 d0e018b01be753f014836d27 , postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779 FB9677068452F32DE6BA960 BFE64D819EE44CA9CCE487B 2FE0F92, cn=NEHA BISHT Date: 2025.10.29 17:38:00 +05'30'