2025:UHC:8807 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 07TH OCTOBER, 2025 FIRST BAIL APPLICATION NO.819 of 2025 Abhishek Chauhan ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Deepak Sharma, Advocate through video conferencing. Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate assisted by Mr. Prabhat Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The Applicant-Abhishek Chauhan is in judicial custody for the offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.792 of 2024, registered at Police Station Bhagwanpur, District Haridwar. 2. According to the First Information Report dated 18.10.2024, the informant Salman (PW1) was going to his house on 17.09.2024 at around 7:30 p.m. Abhishek Chauhan (applicant) beat him with a sharp weapon due to which he got hurt. 1 2025:UHC:8807 3. Heard Mr. Deepak Sharma, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent. 4. Mr. Deepak Sharma, Advocate, contended that the applicant has been falsely implicated in the present matter. The informant/alleged injured Salman (PW1) has been examined by the prosecution. He has not supported the prosecution case in his cross- examination. He has turned hostile. Applicant has no criminal antecedents. He is in custody since 19.10.2024. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. 5. Mr. Akshay Latwal, learned Assistant Government Advocate, has opposed the bail application. However, he has submitted that Salman (PW1), the informant and the injured, did not support the prosecution case in his cross-examination. 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 trial is not punishment. The main purpose is manifestly to 2 2025:UHC:8807 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- Abhishek Chauhan 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:07.10.2025 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=6f1c15b6305912b3f008e9a4a8038e e7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F 32DE6BA960BFE64D819EE44CA9CCE487B2FE 0F92, cn=NEHA BISHT Date: 2025.10.07 18:08:11 +05'30'