No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 1429 of 2025 Hon ’ble Alok Mah r a, J. Mr. Shariq Khurshid, learned legal-aid counsel for the applicant. Mr. Manoj Bhatt, learned Brief Holder for the State of Uttarakhand. 2. The applicant – Omprakash, who is in judicial custody in connection with FIR/ Case Crime No. 479 of 2024, under Section 105 of BNS, registered at Police Station-Kichha, District Udham Singh Nagar, has sought his release on bail. 3. In this case, an FI R was lodged by the son of the deceased on 21.12.2024 that the applicant accused had a fight with his father in the night of 20.12.2024 due to which blood was oozing from his father’s mouth and in the morning, it was discovered that his father has died. As per the post-mortem report, the cause of death is ante-mortem head injury. During investigation, statement of wife of the accused-applicant were recorded under Section 180 of BNSS, in which, it has come out that both the deceased and the applicant were consuming liquor inside the hut of the applicant. She has further submitted that it was the habit of the deceased that after consuming liquor he would raise question about the character of wife of the applicant. On that day too, after consuming liquor, deceased questioned the character of the wife of the applicant and the applicant got agitated by these words of the deceased and scuffle took place. The scuffle was by hands. Only on the basis of these statements, chargesheet has been filed against the applicant under Section 105 of BNS. 4. Learned counsel for the applicant would submit that applicant has falsely been implicated in the case; that applicant and deceased were friends and used to sit together and consume liquor daily. The prosecution has failed to assign any motive for the offence and there was no intention of causing hurt and only a minor scuffle took place between the applicant and the deceased and thereafter the deceased went on his foot to his hut and there was no injury on the deceased when he went to his hut and that applicant is in judicial custody since 22.12.2024. Thus, he is entitled to be released on bail. 5. Learned State Counsel, on the other hand, has vehemently opposed the bail application. 6. Heard learned counsel for the parties and perused the record. 7. Considering the submission of learned counsel for the parties and also considering the fact that prosecution has failed to assign any motive for the offence and applicant is in judicial custody since 22.12.2024, without expressing any opinion, as to the final 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 be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.) 20.05.2026 Ujjwal