2026:UHC:3330 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1767/2025 Hon’ble Alok Mahra, J. Mr. Mani Kumar, learned counsel for the applicant. 2. Ms. Manisha Rana Singh, learned Deputy A.G. along with Mr. Rakesh Negi, learned Brief Holder for the State. 3. The first bail application moved on behalf of the applicant seeking grant of regular bail in connection with F.I.R./Case Crime No. 419 of 2024, under Sections 103(1) and 238 of B.N.S. registered at Police Station Kiccha, District Udham Singh Nagar. 4. As per the prosecution case, the First Information Report dated 20.10.2024 was lodged with the allegation that the husband of the informant was employed as a guard at Parag Farm, Laxmipur, and the son-in-law of the informant was also working at the same place. It is alleged that on 19.10.2024 at about 08:30 a.m., when the son-in-law reached the farm, he noticed blood stains and, upon search, found the dead body of the informant’s husband lying there with multiple injuries on his person. 5. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case; that, the applicant is not named in the F.I.R. and no specific role has been attributed to him therein; that, the only material sought to be relied upon by the prosecution is the alleged confessional statement of accused persons, which is inadmissible in evidence 2026:UHC:3330 in view of Section 23 of the B.N.S. It is further submitted that there is no credible or cogent evidence connecting the applicant with the alleged offence; that, the implication of the applicant is stated to be based merely on CCTV footage collected during investigation, wherein a person wearing blue jeans and a checked shirt is allegedly seen carrying a crowbar (sabbal); however, the said footage does not conclusively establish the identity of the applicant. It is further argued that the alleged recovery has been falsely planted, as there is no independent witness to the recovery and no forensic evidence, such as fingerprints, has been found on the recovered weapon. 6. Learned counsel for the applicant would further submit that the applicant is in judicial custody since 21.10.2024; that, the bail application of the applicant was rejected by the court below vide order dated 22.07.2025; that, the charge-sheet has already been filed and, therefore, there is no likelihood of the applicant tampering with the evidence; that, the applicant is a permanent resident of District Udham Singh Nagar and there is no apprehension of his absconding or misusing the liberty of bail. 7. Per contra, learned State counsel has opposed the bail application, submitting that the allegations against the applicant are serious in nature. However, it is not disputed that the applicant is in custody since 21.10.2024 and that his earlier bail application has been rejected on 22.07.2025. 8. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the applicant is not named in the F.I.R. and his implication appears to be 2026:UHC:3330 primarily based on circumstantial evidence, including CCTV footage and the alleged recovery, which is subject to evidentiary scrutiny during trial. The applicant has remained in custody since 21.10.2024, and the charge-sheet has already been filed. 9. In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, this Court is of the opinion that the applicant has made out a case for grant of bail. 10. Accordingly, the bail application is allowed. 11. Let the applicant-Dharemendra 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.) 02.05.2026 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef90 0bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8 b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.05.05 10:22:28 +05'30' 2026:UHC:3330