2025:UHC:3171 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/685/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Mr. Bharat Chaudhary, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. Mr. Narendra Bali, learned counsel for the complainant with Ms. Prabha Naithani, learned counsel. 4. Present applicant- Harsh Mehta, S/o Manoj Kumar is praying for regular bail in relation to FIR dated 17.03.2025 registered as Case Crime/ FIR No. 174 of 2025 at P.S. Pathari District Haridwar wherein the present applicant and 12 other unknown persons including one unknown person were implicated for the offences punishable under Sections 103(1), 190, 191(2), 191 (3), 61(2)(A) of BNS 2023 read with Section 3(1)(r), 3(2)(v) of the SC/ST Act and Section 3/25 of the Arms Act. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated which is evident from the fact that in the incident, which was happened on 16.03.2025 at about 9:00 to 9:30, the present applicant sustained grievous multiple injuries on his head, and, thereafter he was immediately admitted in Sri Swami Bhumanand Hospital from where he was referred to S.D. Hospital Roorkee and from where he was again referred to AIIMS Rishikesh. He submits that the present applicant was brought by one S.I. Ajay Kumar firstly to Sri Swami Bhumanand Hospital then to District Hospital Roorkee and then to AIIMS Rishikesh where he was admitted by the aforesaid S.I. at 2:55:58 a.m. on 17.03.2025. He further submits that 2025:UHC:3171 thereafter an FIR was lodged on 19.03.2025 at P.S. Pathari, District Haridwar. 6. Learned counsel for the applicant further submits that in fact in this incident applicant was brutally beaten and to save themselves an FIR was lodged on 17.03.2025 with the allegation that by a gunshot injury one person namely Rajan died. He submits that the said FIR which was lodged on 17.03.2025 was registered as FIR No. 0174 of 2025 at P.S. Pathari, District Haridwar. He submits that applicant is not named in the FIR since applicant’s name is Harsh Mehta, S/o Manoj Kumar though in the FIR name of two persons with identical name, i.e, Harsh Chaudhary, S/o Sunil and Harsh Chaudhary, S/o Babeet Chaudhary are mentioned. 7. Apart from this, learned counsel for the applicant submits that on 15.03.2025 the applicant came from Patna, Bihar for business purposes since he is doing a business of Sanitary as a wholesale dealer and there is business term with Jatin Chaudhary and to recover the amount he came to Haridwar. There was return flight ticket of 18.03.2025. 8. On the previous date, the State was directed to get necessary written instructions, however, since there was no instruction about the FIR lodged on 19.03.2025, a further opportunity was given to the State to get instructions in the matter. Now, instruction has been placed before this Court which contains the medical report of the present applicant and on perusal of first medical report it is clearly evident that the present applicant was brought to the hospital by S.I. Ajay Kumar which further reflects that injuries were caused by physical assault. Report of the AIIMS is also placed and on perusal of AIIMS report also reveals that the applicant was brought by S.I. Ajay Kumar to AIIMS Rishikesh where the applicant 2025:UHC:3171 was admitted on 17.03.2025 at 2:55:58 am. In addition to this, the arrest memo of the applicant also placed before this Court and as per the arrest memo the present applicant was shown to be arrested from near Hanuman Temple, Sadan Marg, IDPL Rishikesh and time of the arrest is shown as 12:15 pm on 17.03.2025. 9. Learned counsel for the applicant submits that the arrest, as shown, of the applicant is false since at 2:55:58 am the applicant was shown to be admitted in AIIMS Rishikesh by S.I. Ajay Kumar. Apart from this he submits that the injuries sustained by the present applicant cannot be shown to be caused due to collusion of two vehicles which is evident from the injury report wherein it has been shown that it is caused by physical assault. He submits that the entire case of the prosecution for implication of the applicant appears to be a false implication. 10. On the other side, Mr. Narendra Bali, learned counsel for the complainant submits that there is a independent witness of the incident who is in fact an eye witness and the applicant was present at the time of the incident regarding which the FIR has been lodged on 17.03.2025, and on pointing out of the present applicant a country-made pistol was recovered from the possession of the co- accused Aryan and he is involved in the crime, since the gunshot injury was found on the body of the deceased. 11. Mr. Sandeep Sharma, learned A.G.A. for the State submits that investigation is still going on and the other co-accused Jatin has a criminal history of six cases, however, he has not disputed this fact that the applicant has no previous criminal history. He further submits that in fact the person, namely, Harsh Chaudhary, S/o Sunil is mentioned in the FIR is the same person who is the applicant herein and this fact came into light during investigation. 12. After hearing the arguments of the 2025:UHC:3171 learned counsel for the applicant and further taking into consideration that the applicant also sustained grievous injuries on the most vital part of his body and he was admitted to the hospital by S.I. Ajay Kumar himself and lastly the applicant was admitted in AIIMS Rishikesh at 2:58:55 a.m. by the said S.I. and as per the medical report the injury was caused due to some physical assault and further after taking into consideration that the applicant was admitted in AIIMS, however, arrest of the applicant has been shown at earlier point of time which is highly improbable , therefore, this Court is of the view that the applicant deserves for bail. 13. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 14. Let the applicant Harsh Mehta be released on bail on his executing a personal bond and furnishing two sureties of the like amount to the satisfaction of the court concerned. 15. It is made clear that after being released on bail and further after getting medical fitness certification the applicant will cooperate with the investigation and will not leave the country without leave of the court concerned. (Rakesh Thapliyal, J.) 28.04.2025 Parul 2025:UHC:3171