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2026 DAILYLAW 3638 (UTT)

RIHAN ALIAS JERIF v. STATE OF UTTARAKHAND

BA1/1411/2025 · 2026-04-27

Alok Mahra

body2026

Judgment text

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2026:UHC:3155 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.1411 of 2025 Hon’ble Alok Mahra, J. Ms. Reema Rana, 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. No.161 of 2024, under Section 109, 332(c), 351(2), 74 of B.N.S., Section 7/8 of POCSO Act and Section 3/25 of Arms Act, registered at Police Station Pulbhatta, District Udham Singh Nagar. 3. An F.I.R. was lodged by the father of the victim alleging that the applicant had been continuously stalking the victim while she was commuting between the Madarsa and her residence, and was persistently pressurizing her to contact him telephonically. It is further alleged that upon the said conduct being reported by the complainant’s wife to the mother of the applicant, the applicant, in retaliation, trespassed into the house of the complainant and fired a gunshot at the victim, which struck her, whereafter the applicant fled away from the place of occurrence. 4. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case, has no criminal antecedents, and is in judicial custody since 13.10.2024. It is further contended that the injuries sustained by the victim are simple in 2026:UHC:3155 nature, not on any vital part of the body, and the medical report does not disclose any grievous injury or danger to life. It has also been submitted that the applicant undertakes not to misuse the liberty of bail, if granted. 5. Per contra, learned State Counsel has vehemently opposed the prayer for bail and submits that the allegations disclose a deliberate and violent act involving use of a firearm. 6. From the material on record, it transpires that the victim as well as the complainant have been examined and have supported the prosecution case in material particulars. The medical examination report also corroborates the ocular version regarding the firearm injury sustained by the victim. 7. Considering the nature and gravity of the accusations, the manner in which the offence is alleged to have been committed, the use of a deadly weapon, and the age of the victim, this Court does not find it to be a fit case for grant of bail at this stage. 8. Accordingly, the bail application is rejected. (Alok Mahra, J.) 27.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a2 0dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109C B987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.27 17:59:19 +05'30'