2026:UHC:2351 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.1788 of 2025 Hon’ble Alok Mahra, J. Ms. Divya Jain, Advocate for the applicant. Mr. V.S. Pal, A.G.A. for the State of Uttarakhand. Mr. Pranav Singh, Advocate for the complainant. 2. This first bail application has been moved by the applicant seeking regular bail in Case Crime No.131 of 2025, under Sections 105, 115(2) & 352 of B.N.S., 2023, registered at Police Station Sahaspur, District Dehradun. 3. An F.I.R. was lodged by the son of the deceased. As per the prosecution case, the agricultural fields of the applicant’s family and that of the complainant are adjacent to each other. It is alleged that while both families were working in their respective fields, an altercation took place between them. During the said scuffle, the applicant is stated to have caught hold of the neck of the deceased and forced his head into a kaccha canal, thereby causing his death by suffocation. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, has no criminal antecedents and has been in judicial custody since 25.06.2025. It is contended that the deceased was an asthmatic patient and may have suffered an asthmatic attack, due to which he fell down and his face 2026:UHC:2351 and mouth came into contact with mud. It is further submitted that although there was a verbal altercation, no such incident, as alleged in the F.I.R., ever took place. It is also argued that the post-mortem report does not conclusively establish the cause of death and no abnormality has been found in the lungs or heart of the deceased. Learned counsel submits that in a case of death due to asphyxia, certain medical indicators would ordinarily be present, however, no such findings have been recorded, thereby rendering the prosecution version doubtful. 5. Per contra, learned counsel for the complainant has vehemently opposed the bail application and submits that, as per the inquest report, the face of the deceased was covered with mud and sand particles were found in the pharynx, which supports the prosecution case. 6. In rejoinder, learned counsel for the applicant submits that the deceased had no teeth and, therefore, in the event of an accidental fall into a kaccha canal, some mud could naturally enter the mouth. However, no mud has been found in the trachea, which weakens the theory of forcible drowning or suffocation. 7. Having heard learned counsel for the parties and perused the material available on record, this Court finds that the incident is stated to have arisen out of a sudden altercation between the parties, who are having adjacent agricultural fields. The post-mortem report does not conclusively opine the cause of death and does not clearly support the theory of homicidal asphyxia. At this stage, the medical evidence does 2026:UHC:2351 not fully corroborate the prosecution version and the submissions advanced on behalf of the applicant raise arguable issues which would require appreciation during trial. The applicant has no criminal antecedents and has been in judicial custody since 26.06.2025. The trial is likely to take time and no useful purpose would be served by keeping the applicant in prolonged incarceration. 8. 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. 9. Let the applicant-Manish @ Manish Ali 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb 7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9874 46351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.18 17:25:55 +05'30'