2026:UHC:3318 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.1134 of 2025 with BA1 No.2127 of 2024 Hon’ble Alok Mahra, J. Mr. Priyanshu Gairola and Mr. Ravindra S. Rawat, Advocates for the applicant. Mrs. Manisha Rana Singh, Deputy Advocate General for the State of Uttarakhand. 2. These first bail applications have been moved by the applicants seeking regular bail in Case Crime/F.I.R. No.530 of 2023, under Sections 302, 201 & 120-B I.P.C., registered at Police Station Kotwali Nagar Haridwar, District Haridwar. 3. As per the prosecution case, an F.I.R. was lodged by the complainant alleging that four persons had taken away her son, and subsequently, his dead body was found lying beside a railway track. Upon completion of investigation, the present applicants along with two other co-accused persons were arrested and a charge-sheet came to be filed against them. 4. The deceased was in the habit of stealing money and, on account of such conduct, the applicants assaulted him with wooden sticks, causing him to fall down. Thereafter, a co- accused, namely Bhagwati, arrived at the spot and, noticing that the deceased was not breathing, instructed the others to dispose of the body. In pursuance thereof, the accused persons allegedly dragged the body and placed it near the railway track. During investigation, CCTV footage of the vicinity was also collected, which was shown to the complainant, who is stated to have not identified the applicants as the assailants. 5. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case and have no criminal antecedents. It is further submitted 2026:UHC:3318 that the applicants are in judicial custody since 08.08.2023. It is argued that although the complainant has been examined as P.W.-1 during trial, she has not supported the prosecution case to the extent of identifying the present applicants, and no Test Identification Parade was ever conducted. It is further contended that there is no likelihood of the applicants tampering with the prosecution evidence. 6. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the applicants have remained in custody for a considerable period. The testimony of the complainant, who has been examined as P.W.- 1, does not prima facie support the prosecution case insofar as identification of the applicants is concerned. Moreover, no Test Identification Parade was conducted during the course of investigation. The trial has commenced and there is nothing on record to indicate that the applicants, if released on bail, would misuse the liberty or tamper with the evidence. 7. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicants have made out a case for grant of bail at this stage. The bail applications are allowed. 8. Let the applicants-Kamal alias Baba and Mukesh Chanderiya be released on bail, on executing personal bond by each one of them and furnishing two reliable sureties by each one of them, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 02.05.2026 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=eabb68a3895e41937c266c23964c048536544 5e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.02 17:50:24 +05'30'