2025:UHC:9283 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1131/2025 Hon’ble Alok Mahra, J. Mr. Nivesh Bahuguna, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. The applicant – Vikram Nagarkoti, who is in judicial custody in connection with Case Crime/F.I.R. No. 0096 of 2025, under Sections 115, 326(g), and 352 of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.), registered at Police Station Dineshpur, District Udham Singh Nagar, has sought his release on bail. 4. Cause shown is found sufficient. Delay in filing the objection is condoned. Delay condonation application is accordingly allowed. The objection filed on behalf of the State is taken on record. 5. Heard learned counsel for the parties and perused the record. 6. As per the prosecution case, an F.I.R. was lodged by the complainant alleging that on 06.06.2025 at around 10:20 P.M., while he was on night duty at Matkota Ramp Outpost, the applicant along with other co-accused persons forcefully entered the outpost, used abusive language, dragged the complainant outside, and assaulted him. It is further alleged that the applicant struck the complainant on the head with a country- made pistol, causing injury. Subsequently, while the complainant was being treated at the Government Primary Health Centre, he was informed by other staff members that some individuals had set fire to the 2025:UHC:9283 outpost. 7. Learned counsel for the applicant would further submit that the applicant is innocent and has been falsely implicated in the case. It is contended that the allegations in the F.I.R. are false, fabricated, and concocted; that the applicant has no prior criminal antecedents; and that no independent witnesses have been cited as having seen the alleged incident. 8. Learned counsel would further submit that no serious injury was sustained by the complainant. In his statement recorded, annexed with the State’s objection, the complainant himself stated that since no doctor was available at the Government Primary Health Centre, Dineshpur, he was given first-aid by the hospital staff. Therefore, even if it is presumed that an injury was caused, the same was simple in nature, and consequently, Section 326(g) B.N.S. is not attracted. 9. It is further submitted by learned counsel for the applicant that the allegation regarding the setting of fire to the outpost is hearsay, as the complainant himself admitted that he was informed of the same by others while he was in the hospital. The applicant is in judicial custody since 08.06.2025, and also filed bail application before the court below, which was rejected by the learned court below vide order dated 16.06.2025; that, there is no likelihood of his tampering with the evidence or misusing the liberty if released on bail. 10. Per contra, learned State counsel would vehemently oppose the bail application, contending that the applicant along with co-accused persons assaulted and abused the complainant and forcefully 2025:UHC:9283 entered into the forest department outpost. However, he fairly admits that the applicant is in judicial custody since 08.06.2025, and that his bail application was rejected by the court below on 16.06.2025. 11. Having considered the submissions of learned counsel for the parties, the nature of allegations, the role assigned to the applicant, the period of incarceration, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail. 12. Accordingly, the bail application is allowed. 13. Let the applicant be released on bail in the aforesaid case, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 14. It is made clear that the applicant shall not misuse the liberty of bail, shall cooperate with the trial, and shall not influence or intimidate witnesses in any manner. (Alok Mahra, J.) 16.10.2025 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8b 66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2025.10.17 14:27:41 +05'30'