2025:UHC:7769 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.1132 of 2025 Hon’ble Alok Mahra, J. Mr. Gaurav Singh, Advocate for the applicant. Mr. Himanshu Sain, Brief Holder for the State of Uttarakhand. 2. This first bail application has been moved by the applicant, seeking regular bail in F.I.R. No.337 of 2025, under Section 109(1) of B.N.S. and Section 25, (1-B)(A) of the Arms Act, registered at Police Station Manglaur, District Haridwar. 3. According to the F.I.R., applicant alongwith co-accused Aryan were in a black colour CRETA Car and when the Police party, who was on a patrolling duty, tried to stop them, the accused did not stop the vehicle and tried to flee the Car and, in a hurry, they put one of the tyres of the Car on the cement parapet installed on the roadside; that thereafter, a person sitting in the Car started firing at the Policemen and the applicant shouted that Aryan shoot these Policemen; that thereafter the accused fired a shot at the Policemen, but that bullet hit the front windshield of the official vehicle of the Police; that thereafter accused opened the fire and, in retaliation, Police party fired at the accused, which hit the applicant below his knee and he was arrested from the spot; that as per the F.I.R., another accused, namely, Aryan, while taking advantage of the darkness, fled away towards the fields. 4. 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 17.04.2025; that neither the applicant 2025:UHC:7769 had shot fire on the Policemen nor the windshield of the Police vehicle was broken; that perusal of the Medical Report of the applicant reveals that there is blackening around the wound of the applicant, which would only come if the fire is shot from a maximum distance of about 1-2 feet, but to the contrary, as per the F.I.R., accused as well as Police party were about at a distance of 50 feet. It is further contended that co- accused, namely, Aryan has already been enlarged on bail by a Co-ordinate Bench of this Court in BA1 No.1531 of 2025 vide order dated 25.08.2025. 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 per the satisfaction of this Court. 5. Learned State Counsel vehemently opposed the bail application. 6. 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. 7. The bail application is allowed. 8. Let the applicant, namely, Vishal @ Kaku 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.) 02.09.2025 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=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.09.02 17:20:33 +05'30'