2025:UHC:9225 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.1112 of 2025 Hon’ble Alok Mahra, J. Mr. Rajat Mittal, Advocate for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarahand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.30 of 2025, under Sections 108 of B.N.S., 2023, registered at Police Station Doiwala, District Dehradun. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case and that he possesses no antecedent criminal history. It is submitted that the applicant has been languishing in judicial custody since 08.02.2025. Learned counsel submits that a bare perusal of the contents of the F.I.R. would reveal that the essential ingredients constituting the offence of abetment, as defined under Section 108 of the Bharatiya Nyaya Sanhita, 2023, are wholly absent in the present matter. It is further submitted that the deceased was a major and a person of sound understanding, and that she was under mental distress on account of persistent pressure from her family members to secure new employment, which ultimately led her to take the extreme step of committing suicide. It is also contended that the grounds of arrest were not communicated to the applicant in writing, as is constitutionally mandated, and that even in the initial remand order, no grounds of arrest have been recorded. To fortify his submission, learned counsel has placed reliance upon the judgment of the Hon’ble Supreme Court in Vihaan Kumar Vs. State of Haryana and Another, reported in (2025) 5 2025:UHC:9225 SCC 799, wherein it was categorically held that the requirement of apprising an accused of the grounds of arrest under Article 22(1) of the Constitution of India is a mandatory constitutional safeguard. The Hon’ble Apex Court observed that such grounds must be effectively and fully communicated in a language understood by the accused so as to enable him to comprehend the factual basis of the arrest; failure to do so renders the arrest illegal and violative of Articles 21 and 22 of the Constitution, entitling the accused to immediate release. It was further held that the burden to establish compliance lies upon the police authorities, and mere intimation to the relatives of the accused would not suffice. The Hon’ble Court also emphasized the duty of the Judicial Magistrate to ensure due compliance with these constitutional mandates prior to authorizing remand. 4. 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. 5. The bail application is allowed. 6. Let the applicant, namely, Prashant Kumar Patel 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.) 15.10.2025 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=eabb68a3895e41937c266c23964c0485365445e3a 20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109 CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.10.15 17:25:50 +05'30'