2026:UHC:3922 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.1772 of 2025 Hon ’ble Alok Mah r a, J. Mohd. Safdar, 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 Case Crime/ F.I .R. No.66 of 2024, under Sections 302 & 201 I.P.C., registered at Police Station Kotwali Laksar, District Haridwar. 3. An F.I.R. was lodged by the son of the deceased alleging therein that his father, who used to vend clothes on a bicycle, had left for work at about 02: 30 p.m. on 23.01.2024 but did not return home in the evening. On the following morning, the informant’s uncle informed him that the bicycle of the deceased was lying near Jagatambani School. Upon reaching the spot, the informant found the dead body of his father lying in a field below the road, covered with leaves, and bearing multiple injuries. As per the Post Mortem Report, the cause of death was opined to be shock and haemorrhage due to ante-mortem injuries. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has been in judicial custody since 26.01.2024. It is further submitted that the implication of the applicant is based solely upon alleged C.C.T.V. footage and the alleged confessional statement of the applicant. Learned counsel contends that in the said C.C.T.V. footage, the deceased is merely seen walking with his bicycle and another person is seen walking behind him at about 2026:UHC:3922 07: 23 p.m. on 23.01.2024; however, on the basis of the physical appearance of the said person alone, the applicant has been roped into the present case. It is further submitted that an axe used in the crime is alleged to have been recovered, however, no blood stains were found on the said weapon. Learned counsel also submits that the place from where the dead body was recovered is an open field and there is no eyewitness account of the alleged incident. It is further argued that except for the alleged recovery and circumstantial evidence, there is no cogent material connecting the applicant with the commission of the offence. Learned counsel lastly submits that the applicant has no likelihood of absconding or tampering with the prosecution evidence and undertakes to cooperate with the trial proceedings. 5. Learned State counsel vehemently opposed the bail application. 6. The prosecution case rests entirely on circumstantial evidence. The implication of the applicant is primarily based on alleged C.C.T.V. footage wherein only a person walking behind the deceased is seen and no clear identification of the applicant is discernible therefrom. Further, though an axe is alleged to have been recovered, no blood stains were found on the said weapon. There is no eyewitness account of the incident and the place of recovery of the dead body is an open field accessible to all. The applicant is in judicial custody since 26.01.2024, has no likelihood of absconding or tampering with evidence and undertakes to cooperate in the trial. 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. 2026:UHC:3922 8. Let the applicant-Rakesh 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=eabb68a3895e41937c266c23964c0485365 445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454 C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.20 17:40:38 +05'30'