2026:UHC:3260 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.1709 of 2025 Hon’ble Alok Mahra, J. Mr. Harshpal Sekhon, Advocate for the applicant. Mr. Akshay Latwal, 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.277 of 2024, under Sections 302 I.P.C., registered at Police Station Kichha, District Udham Singh Nagar. 3. An F.I.R. was lodged by the mother of the deceased alleging that the applicant, being the son-in-law of the informant and husband of the deceased, had subjected the deceased to continuous harassment and cruelty since their marriage, which was solemnized about eight years prior to the incident. It was further alleged that, after selling his own house, the applicant had been residing for about 8–10 days at the house of his brother-in-law, where the alleged incident took place. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has no criminal antecedents. It is further submitted that the applicant has been in judicial custody since 22.06.2024. Referring to the post-mortem report, it is contended that although the cause of death is stated to be ante-mortem injuries and strangulation, there is no direct evidence connecting the applicant 2026:UHC:3260 with the alleged crime. It is emphasized that the case of the prosecution rests entirely on circumstantial evidence and the chain of circumstances is neither complete nor conclusive so as to unerringly point towards the guilt of the applicant. It is further submitted that, out of the material witnesses examined so far, four prosecution witnesses, including the complainant (mother of the deceased), brother-in-law and sister-in- law, have already been examined and all of them have turned hostile and have not supported the prosecution case, thereby substantially weakening the prosecution version. 5. Per contra, learned State Counsel has opposed the bail application and submits that on the pointing out of the applicant, incriminating articles, namely a dupatta and a darati, were allegedly recovered, and the post-mortem report indicates multiple injuries, which prima facie support the prosecution case. 6. Having considered the rival submissions and perused the material available on record, it appears that the prosecution case is primarily based on circumstantial evidence and, at this stage, the chain of circumstances does not appear to be so complete as to rule out every hypothesis except the guilt of the applicant. The fact that the material witnesses, including the informant and close relatives, have not supported the prosecution case and have been declared hostile, creates a significant dent in the prosecution story. The evidentiary value of the alleged recovery at the instance of the applicant is a matter to be tested during trial and, by itself, may not be sufficient to conclusively establish guilt at 2026:UHC:3260 this stage. Furthermore, the applicant has remained in custody for a considerable period since 22.06.2024, and there is no material on record to suggest any likelihood of the applicant tampering with evidence or influencing witnesses, especially when the key witnesses have already been examined. The trial is likely to take time to conclude. In such circumstances, continued incarceration of the applicant would not serve any useful purpose. 7. 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. 8. Let the applicant-Ashok Kumar 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.) 29.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dd db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.30 13:23:12 +05'30'