KAVYA SHARMA ALIAS KAPPU SHARMA v. STATE OF UTTARAKHAND
BA1/2152/2025 · 2026-04-18
Alok Mahra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3153 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3153 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2801 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.2152 of 2025 with BA1 No.1781 of 2025 Hon’ble Alok Mahra, J.
Mr. Vikas Anand, Mrs. Gyan Mati Kushwaha and Mr. Abhishek Verma, Advocates for the applicant.
Mr. V.S. Pal, A.G.A. for the State of Uttarakhand.
2. These first bail applications have been moved by the applicants seeking regular bail in F.I.R./Case Crime No.360 of 2025, under Section 109 of B.N.S., 2023 and Section 3/25 of the Arms Act, registered at Police Station Kashipur, District Udham Singh Nagar.
3. F.I.R. was lodged by the police alleging that during a routine search, information was received regarding two persons riding a motorcycle without a number plate, who were stated to be suspicious and were seen proceeding towards Kelamod. It is further alleged that upon interception by the police party, the said persons attempted to flee towards the forest and, in the course of escape, allegedly fired upon the police party. It is further stated that the police personnel, exercising restraint and using their training experience, managed the situation and thereafter one S.S.I. fired a shot which struck the applicant-Kavya Sharma @ Kappu Sharma below the left knee.
4.
Learned counsel for the applicants submits that the applicants have been
2026:UHC:2801 falsely implicated in the present case. They are in judicial custody since 26.08.2025 and 28.05.2025 respectively. It is further submitted that the allegations are highly improbable and not supported by any credible material, inasmuch as, despite the claim of continuous firing by the applicants, only a country-made pistol along with one live and one empty cartridge is alleged to have been recovered from their possession. It is also submitted that the applicants are young in age, being 18 and 21 years respectively, and there is no allegation of any grievous injury to any police personnel. The incident, as projected, suffers from inherent inconsistencies and exaggeration, making the prosecution version doubtful at this stage.
5. Considering the
facts and circumstances of the case, the applicants have been in judicial custody since 26.08.2025 and 28.05.2025 respectively. The applicants are young persons aged 18 and 21 years. The prosecution version, at this stage, appears to suffer from inherent improbabilities and lacks complete corroboration, particularly in view of the allegation of continuous firing despite recovery of only a country-made pistol with one live and one empty cartridge. No injury to any police personnel has been shown.
6. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicants have made out a case for grant of bail at this stage. The bail applications are allowed.
7. Let the applicants, namely, Kavya
2026:UHC:2801 Sharma @ Kappu Sharma and Raghav Mishra @ Nikhil be released on bail, on executing personal bond by each one of them and furnishing two reliable sureties by each one of them, each of like amount, to the satisfaction of Court concerned.
(Alok Mahra, J.)
18.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20ddd b7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987 446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.18 17:28:05 +05'30'