Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5223 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1 No.842 of 2025 Hon’ble Alok Mahra, J.
Mr. D.C.S. Rawat, Advocate for the applicant.
Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand.
2. This first bail application has been moved by the applicant, seeking regular bail in Case Crime/F.I.R. No.426 of 2024, under Section 80(2), 103(1), 108 of B.N.S., 2023, registered at Police Station Jaspur, District Udham Singh Nagar.
3. It is contended by learned counsel for the applicant that applicant has falsely been implicated in the instant crime; has no criminal history and is languishing in jail since 12.10.2024.
4.
Learned counsel for the applicant submits that no specific role has been assigned to the applicant and that at the time of Panchnama, the complainant was there, but at that time, the F.I.R. was not lodged and the same has been lodged after lapse of 13 days. He submits that the applicant is a Driver and was not present at the date of alleged incident.
5. It is further contended that co- accused, namely, Vakila has already been enlarged on bail by this Court in BA1 No.2311 of 2024 vide order dated
17.03.2025. He submits that this is a case of parity and in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as
2025:UHC:5223 per the satisfaction of this Court.
6. Learned State Counsel vehemently opposed the bail application.
7. Considering the submission of
learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage on the ground of parity.
8. The bail application is allowed.
9. Let the applicant, namely, Arshad @ Ashad be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.
(Alok Mahra, J.)
20.06.2025 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a2 0dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109C B987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.06.23 09:54:14 +05'30'