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2026 DAILYLAW 5158 (UTT)

SUDHANSHU v. STATE OF UTTARAKHAND

BA1/568/2026 · 2026-05-07

Ashish Naithani

body2026

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S 2026:UHC:3482 BA1 No. 568 of 2026 Sudhanshu ....Applicant Vs. State of Uttarakhand ......Respondent Hon ’ble Ash ish Nait han i, J. Mr. Mohd. Safdar, learned counsel for the Applicant. 2. Mr. Deepak Bisht, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant—Sudhanshu, S/o Ajab Singh, R/o Village Badsahpur Sherpur, Bhattipur, District Haridwar. The Applicant is in judicial custody in connection with Case Crime No. 48 of 2026, registered at Police Station Piran Kaliyar, District Haridwar, for offences punishable under Sections 109(1), 351(2), 351(3), and 3(5) of the B.N.S., 2023. 4. Heard Mr. Mohd. Safdar, learned counsel for the Applicant, and Mr. Deepak Bisht, learned Deputy Advocate General, assisted by Mr. Vikash Uniyal, learned Brief Holder for the State. Perused the record. 5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the present case and is not named in the FIR. It is further submitted that a bare perusal of the FIR reveals that the allegations have been levelled solely against Murad Ansari and no specific role has been attributed to the present Applicant. It is also submitted that the present case is one of no injury and no physical harm has been caused to the victim. Furthermore, no motive has been assigned to the Applicant for involvement in the alleged offence. Learned counsel for the Applicant further submits that no proper Test Identification Parade of the Applicant has been conducted. It is also submitted that no incriminating article has been recovered from the possession of the Applicant and there is no independent witness to the alleged incident. The Applicant is languishing in jail since 09.03.2026 and has no previous criminal antecedents. 6. Per contra, learned A.G.A. for the State has opposed the bail application. 7. After hearing learned counsel for the parties and upon perusal of the material available on record, this Court finds sufficient grounds to allow the bail application. Without expressing any opinion on the merits of the case, this Court is of the view that the Applicant has made out a fit case for grant of bail at this stage. 8. Accordingly, the Bail Application is allowed. 9. Let the Applicant—Sudhanshu be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 10. All pending applications, if any, stand disposed of. ( Ash ish Nait h an i, J.) 07.05.2026 Shiksha