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2026 DAILYLAW 18 (UTT)

JAHID v. STATE OF UTTARAKHAND

BA1/1943/2025 · 2026-02-11

Alok Mahra

body2026

Judgment text

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2026:UHC:802 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1943/2025 Hon’ble Alok Mahra, J. Mr. Karan Anand, learned counsel for the applicant. 2. Mr. Pradeep Lohani and Mr. Rakesh Negi, learned Brief Holders for the State. 3. The applicant, Jahid, 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, 61(2), 3(5) of the B.N.S. 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 initially the F.I.R. has been lodged under Sections 117(2), 309(6), 333 of B.N.S. 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. The Investigating Officer after completion of investigation has submitted the chargesheet against the applicant under Sections 117(2), 309(6), 333, 61(2), 3(5) of the B.N.S. 2026:UHC:802 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 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. 7. It is further submitted that the applicant is a Taxi Driver by profession and earns his livelihood by driving his own vehicle. He had no knowledge whatsoever of the purpose or intention for which the passengers, who are named as co-accused in the First Information Report had hired his taxi. After dropping them at Dehradun, the applicant proceeded to Bijnor to visit his sister. However, after about three days, he was illegally picked up by the concerned police authorities, merely because his name surfaced in the statement of the co-accused persons. It is further submitted that the applicant has never been convicted by any court of law and has no previous criminal history. 8. He would further submit that the applicant is innocent and has falsely been implicated in the case; that, the applicant is in judicial custody since 27.06.2025, and his bail application was rejected by the learned court below vide order dated 13.08.2025; that, the co- accused Javed with similar role has already been granted bail by this Court vide order dated 09.02.2026. It is further submitted that the trial is likely to take considerable time for its conclusion; 2026:UHC:802 therefore, the applicant deserves to be released on bail. 9. Per contra, learned State counsel vehemently opposes the bail application, however, he fairly admits that the applicant is in jail since 27.06.2025; that, the bail application was rejected by the learned court below vide order dated 13.08.2025 and the co-accused Javed with similar role has already been granted bail by this Court vide order dated 09.02.2026. 10. 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. 11. Accordingly, the bail application is allowed. 12. 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.) 11.02.2026 Mamta 2026:UHC:802