2026:UHC:3908 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 No.1685 of 2025 Hon ’ble Alok Mah r a, J. Mr. Mani Kumar, Advocate for the applicant. Mr. Rakesh Kumar Joshi, 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.41 of 2023 (Sessions Trial No.118 of 2023), under Sections 302, 323 & 504 I.P.C., registered at Police Station Pantnagar, District Udham Singh Nagar. 3. It is stated in the F.I.R., lodged by the complainant (the applicant’s brother), that an altercation occurred between the complainant and the applicant. When the deceased (their father) attempted to intervene, the applicant allegedly stabbed him with a knife, causing injuries from which the deceased subsequently died. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated and has been in judicial custody since 03.03.2023. Learned counsel further contends that the prosecution has failed to establish any motive on the part of the applicant for committing the alleged offence, which is an essential factor for invoking the provisions of Section 302 I.P.C. It is submitted that the charge-sheet has already been filed and that examination of the prosecution witnesses is substantially complete. The material witnesses have consistently stated that the incident arose out of a scuffle among family members and there was no premeditation, intention or motive to cause death. Learned counsel also submits there is no likelihood of tampering with evidence. 2026:UHC:3908 5. On the other hand, learned State counsel opposes the bail application. It is submitted that the alleged weapon was recovered from the scene and that the fingerprints recovered from the knife, sent to the Forensic Science Laboratory for analysis, have been matched to the applicant. 6. The alleged incident arose out of a sudden family altercation. Charge-sheet has already been filed and the material witnesses have been examined, so the applicant’s further custody is not necessary for investigation, and there is no real possibility of tampering with evidence. The applicant has remained in judicial custody since 03.03.2023, making prolonged detention unjustified when the trial is not likely to conclude soon. The statements of the witnesses themselves indicate that the occurrence took place during a scuffle among family members, which raises serious triable issues better examined during trial rather than in custody. 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-Bhajman Giri be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.) 20.05.2026 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=eabb68a3895e41937c266c23964c0485365445e3a2 0dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109C B987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.20 17:39:12 +05'30'