2026:UHC:718 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1538/2025 Hon’ble Alok Mahra, J. Mr. Pawan Mishra, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned A.G.A. along with Mr. Prabhat Kandpal, learned Brief Holder for the State. 3. The applicant, Javed, who is in judicial custody in connection with Case Crime/F.I.R. No. 319 of 2025, registered under Sections 117(2), 309(6), 333 of the B.N.S. and Section 3/25 of the Arms Act, at Police Station Patel Nagar, District Dehradun, has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. Learned counsel for the applicant submits that the F.I.R. has been lodged alleging that on 27.06.2025 at about 1:00 a.m., two unknown persons entered the house of the complainant and committed maarpeet with him. It is alleged that one person assaulted the complainant with a screwdriver while the other snatched his gold chain. Upon resistance by the informant, both persons attempted to flee from the spot, during which one of them slipped from the stairs, fell down, and was apprehended by the informant with the help of local residents. 6. Learned counsel further submits that, as per the prosecution case itself, the applicant was found in an injured condition and was taken to the hospital 2026:UHC:718 by the local police. However, the F.I.R. was lodged against unknown persons and no explanation has been offered as to why the applicant, who was allegedly apprehended at the spot, was not named in the F.I.R., which casts a serious doubt on the prosecution story. It is further submitted that the F.I.R. does not disclose any recovery of the alleged looted article from the possession of the present applicant. Moreover, no recovery of any country-made pistol from the applicant has been shown, yet Section 3/25 of the Arms Act has been invoked against him. 7. It is further submitted that the applicant is innocent and has been falsely implicated. The medical report of the injured does not support the prosecution version. The applicant is engaged in repairing fan motors in the locality and also runs a small workshop from his residence. He has never been convicted by any court and has no previous criminal history of conviction. The applicant is in judicial custody since 27.06.2025, and his bail application was rejected by the learned court below vide order dated 22.07.2025. It is further submitted that the trial is likely to take considerable time for its conclusion; therefore, the applicant deserves to be released on bail. 8. Per contra, learned State counsel vehemently opposes the bail application and submits that the applicant has a criminal antecedent in another case under Section 63 of the Copyright Act, registered at Police Station Thakurdwara, District Moradabad. However, he fairly admits that the applicant is in jail since 27.06.2025 and that the bail application was rejected by 2026:UHC:718 the learned court below vide order dated 22.07.2025. 9. Having considered the submissions advanced by learned counsel for the parties, perused the record, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for granting bail. 10. Accordingly, the bail application is allowed. 11. Let the applicant be released on bail, subject to furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. (Alok Mahra, J.) 09.02.2026 Mamta 2026:UHC:718