Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA 1st No.446 of 2026
“Sukhchain Vs. State of Uttarakhand” Hon’ble Ashish Naithani, J.
Mr. Lalit Sharma, Ms. Sangeeta Bhardwaj, learned counsels for the Applicant.
2. Mr. N.S. Kanyal, learned AGA, for the State of Uttarakhand.
3. In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant – Sukhchain, who has been accused in FIR No.64 of 2025, dated 24.08.2025 under Sections 109, 138, 333, 351 (3) and 87 of the BNS, 2023 and under Sections 3/25 of the Arms Act, 1959 at Police Station Kempty, District Tehri Garhwal.
4. As per the First Information Report lodged by the Complainant with the averments that on 24.08.2025, the Applicant along with other co-accused, have entered the house of the Complainant Anisha, threatened her with a revolver, attempted to kidnap her, fired shots and attempted to murder her husband.
5.
Learned counsel representing the Applicant submits for the consideration of the bail that PW 1 - victim, who is the star prosecution witness, has turned hostile. He further submits that the Applicant is languishing in jail since 24.08.2025 and the Applicant has falsely been implicated in the present matter and the story of the prosecution is false and frivolous.
6. Learned State Counsel has vehemently opposed the bail application of the Applicant.
7. Considering the overall facts and circumstances of the case and the fact that the star witness/victim of the prosecution has turned hostile, the Applicant has made out a case for bail.
8. Accordingly, bail application is allowed. It is directed that the Applicant - Sukhchain, who has been accused in FIR No.64 of 2025, dated 24.08.2025 under Sections 109, 138, 333, 351 (3) and 87 of the BNS, 2023 and under Sections 3/25 of the Arms Act, 1959 at Police Station Kempty, District Tehri Garhwal, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him.
(Ashish Naithani, J.)
21.04.2026 Nitesh/