2025:UHC:7265 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No.183 of 2023 Hon’ble Alok Mahra, J. Mr. Sanjay Raturi, Advocate for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand. 2. This is second bail application moved by the applicant seeking regular bail in Case Crime No.28 of 2022, under Section 307 I.P.C., registered at Police Station Muni-Ki- Reti, District Tehri. 3. The first bail application moved on behalf of the applicant was dismissed for want of prosecution, on 12.06.2023. 4. An F.I.R. was lodged by Km. Pinki (sister of the victim-Pawan) on 15.05.2022, wherein she alleged that her brother Pawan had altercation with Gaurav Adhikari (applicant) in the colony in the evening of 09.05.2022; that thereafter Gaurav Adhikari returned back in the evening and, at about 05:00 p.m., he assaulted her brother with knife on his back in front of Rahul, Rohit and Vikas Bijalwan, who tried to save her brother from the attack and, thereafter, they took the victim to Government Hospital, Rishikesh, wherefrom he was referred to higher centre at AIIMS, Rishikesh; that on the next day, Pawan told her that he was assaulted by Gaurav Adhikari. 5. Learned counsel for the applicant submits that, as per the F.I.R., incident happened on 09.05.2022; whereas, the F.I.R. was lodged after a delay of six days i.e. on 15.05.2022 and no plausible explanation has been furnished for the delay caused in lodging the F.I.R.; that as per the 2025:UHC:7265 prosecution case, the victim was assaulted by a knife by the applicant, but the weapon used in the offence has not been recovered till date; that, as per the F.I.R., Rahul was an eyewitness, who was examined as P.W.- 4 and in his examination-in-chief, he has stated that he has not seen the accused/ applicant assaulting the victim, as he was not present there and that he arrived at the spot after some time of the alleged incident; that Rahul have also stated in his testimony that when they were taking the victim to the Hospital, Pawan (injured) as well as Vikas Bijalwan have told him that Pawan fell down from the staircase and got injured by the iron rods, which were lying on the railings; that this statement was also given by Vikas Bijalwan at the time when victim was admitted at AIIMS; that there are no other eyewitness to the alleged incident, who have been examined and he is under incarceration since 21.06.2022. 6. Learned Deputy Advocate General 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. 8. The bail application is allowed. 9. Let the applicant, namely, Gaurav Adhikari 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.) 18.08.2025 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=eabb68a3895e41937c266c23964c0485365445e3a20 dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB 987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.08.19 12:13:48 +05'30'