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2026:UHC:2800 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.2104 of 2025 Hon’ble Alok Mahra, J.
Mr. Akhil Kumar Sah, Advocate for the applicant.
Mr. V.S. Pal, A.G.A. for the State of Uttarakhand.
2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.132 of 2025, under Sections 103(1), 351(2), 351(3) and 352 of B.N.S., registered at Police Station Transit Camp, Rudrapur, District Udham Singh Nagar.
3. F.I.R. has been lodged by the sister of the deceased, wherein it is alleged that the applicant was hurling abuses in front of the house of the deceased. It is further alleged that when the deceased came out to pacify him, the applicant assaulted him, as a result of which the deceased fell on the road, sustained head injury upon striking the surface, and subsequently succumbed to the said injuries. The incident is stated to have occurred on 08.05.2025.
4.
Learned counsel for the applicant submits that both the applicant and the deceased had consumed alcohol and were returning home when a sudden altercation ensued between them. It is further submitted that during the said scuffle, both of them fell on the road, resulting in the deceased sustaining head injuries. It is contended that the deceased died six days after the incident. It is also submitted that the occurrence is supported by CCTV footage installed in the locality. It is argued that there was neither any premeditation nor any intention on the part of the applicant to cause the death of the
2026:UHC:2800 deceased.
5. Considering the rival submissions and the material on record, the Court may record that the incident appears to have occurred in the course of a sudden altercation between the applicant and the deceased, who were stated to be under the influence of alcohol at the relevant time. The F.I.R. version attributes a role of assault to the applicant; however, the defence plea indicates absence of premeditation and suggests that both parties fell during a scuffle, as also claimed to be supported by CCTV footage. The deceased sustained injuries in the alleged incident and succumbed six days thereafter. At this stage, without entering into the merits of the case, it appears that the matter requires detailed appreciation of evidence during trial, particularly with regard to the exact manner of occurrence, medical evidence, and the role attributed to the applicant. There is nothing on record to suggest that the applicant has criminal antecedents or that he is likely to abscond or tamper with evidence if released on bail.
6. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicant has made out a case for grant of bail at this stage. The bail application is allowed.
7. Let the applicant-Devkaran 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.)
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=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398 f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4 DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.18 17:27:30 +05'30'