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2026 DAILYLAW 4401 (UTT)

AAS MOHAMMAD ALIAS MANGTA v. STATE OF UTTARAKHAND

BA1/932/2025 · 2026-04-29

Alok Mahra

body2026

Judgment text

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2026:UHC:3267 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/932/2025 Hon’ble Alok Mahra, J. Mr. Lalit Sharma and Ms. Prabha Naithani, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State. 3. The present bail application has been filed seeking grant of regular bail in connection with F.I.R./Case Crime No. 98 of 2025, under Sections 109, 190, 191(2), 191(3), 115(2), 333, 351(3) and 352 of the B.N.S., registered at Police Station Kotwali Gangnahar, Roorkee, District Haridwar. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the applicant submits that the F.I.R. has been lodged by the complainant alleging that on 15.03.2025 at about 9:30 P.M., the applicant along with other co-accused persons, armed with iron rods, sharp- edged weapons and wooden sticks, forcibly entered the complainant’s house, assaulted him and his family members, and thereafter fled from the spot. It is further alleged that in the said incident, the complainant and two other persons sustained grievous injuries. 6. Learned counsel for the applicant would further submit that the applicant is innocent and has falsely been implicated in the present case; that, the 2026:UHC:3267 applicant has not committed any offence as alleged in the F.I.R. and, at the time of the alleged incident, he was on duty at his workplace, which is duly reflected from the attendance register showing his in-time and out-time, thereby supporting his plea of alibi. It is further submitted that there is an unexplained delay of three days in lodging the F.I.R., as the incident is alleged to have occurred on 15.03.2025 whereas the F.I.R. was registered on 18.03.2025; that, there is no motive or mens rea on the part of the applicant, no specific role has been assigned to him, and the allegations made in the F.I.R. are general in nature. 7. He would also submit that the applicant has no criminal antecedents and is in judicial custody since 21.05.2025; that, the bail application of the applicant has already been rejected by the court below vide order dated 02.06.2025; that, the charge-sheet has been filed in the present case, therefore, there is no likelihood of the applicant tampering with the prosecution evidence; that, the applicant is a permanent resident of District Haridwar and there is no possibility of his absconding; that, the trial is likely to take considerable time to conclude and, therefore, the applicant deserves to be released on bail. 8. Per contra, learned State counsel has opposed the bail application and submits that the plea of alibi taken by the applicant is not tenable, as the Call Detail Records (CDR) indicate his presence at or near the place of occurrence at the relevant time; that, the prosecution witnesses have 2026:UHC:3267 supported the case of the prosecution. However, he would admit that the applicant is in judicial custody since 21.05.2025 and the court below vide order dated 02.06.2025 has dismissed the bail application of the applicant and the co-accused persons have been granted interim anticipatory bail. 9. Having considered the submissions of learned counsel for the parties, perused the material available on record, and taking into account the nature of allegations, the period of incarceration, the fact that the charge- sheet has already been filed and further the co-accused persons have been granted interim anticipatory bail, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail. 10. Accordingly, the first bail application is allowed. 11. Let the applicant, Aas Mohammad alias Mangta, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. (Alok Mahra, J.) 29.04.2026 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b66 dd26690a191648ab5d8dd004 ef0, cn=MAMTA RANI Date: 2026.04.30 17:22:23 +05'30' 2026:UHC:3267