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2025 DAILYLAW 16703 (UTT)

YOGESH MEHTA v. STATE OF UTTARAKHAND

BA1/2158/2025 · 2025-11-19

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:10269 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. 2 1 5 8 of 2 0 2 5 Hon 'ble Rak esh Th apliyal, J. 1. Mr. D.C.S. Rawat, learned counsel for the applicant. 2. Mr. Tumul Nainwal, learned A.G.A. with Mr. Chitrarth Kandpal, learned Brief Holder for the State. 3. Present applicant Yogesh Mehta, S/ o Arjun Singh is praying for bail in relation to FIR dated 02.10.2025, bearing FIR No. 03 of 2025, at Challani Revenue Sub Inspector Area, Pakhura, Tehsil and District Almora, wherein the present applicant has been implicated for the offences punishable under Sections 109, 115(2), 324(2), 351(2) and 352 of BNS 2023. 4. It is contended by the learned counsel for the applicant that the applicant is innocent and in fact is a case of sudden provocation. The applicant and the complainant belong to the same village and are close relatives. He further submits that there is no any intention and motive on commission of crime. He further submits that applicant has no previous criminal history and is languishing in jail since 07.10.2025. 5. On the other side, Mr. Tumul Nainwal, learned A.G.A. on instructions apprise to this Court that the injuries are grievous in nature and the victim is under treatment and the investigation is still going on. 6. Be that as it may, prima facie it appears to be a case of sudden provocation since the applicant and the complainant/ injured belongs to the same village and furthermore, the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail. 2025:UHC:10269 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant “Yogesh Mehta” be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail the applicant shall cooperate with the investigation, failing which the prosecution is free to move bail cancellation application. (Rakesh Thapliyal, J.) 19.11.2025 Nahid 2025:UHC:10269