2026:UHC:4007 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.2382 of 2025 Hon ’ble Alok Mah r a, J. Mr. Mani Kumar, Advocate for the applicant. Mr. Manoj Bhatt, Brief Holder 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.364 of 2025, under Sections 123, 303(2), 317(2), 332(3) of B.N.S., 2023, registered at Police Station Ramnagar, District Nainital. 3. An F.I.R. was lodged by the complainant alleging therein that on 26.09.2025 at about 10: 00 a.m., while she was present at her residence, two unknown persons arrived on a scooter, purportedly posing as Baba. It is alleged that they caused her to inhale an intoxicating substance, as a result of which she became semi-conscious and ultimately lost consciousness. Upon regaining consciousness, the complainant found that her gold mangalsutra and a pair of gold earrings were missing from her person. She further alleged that she was rendered unconscious by means of some intoxicating substance and that the miscreants had removed her jewellery during that condition. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is languishing in jail since 26.10.2025. It is further submitted that no Test Identification Parade of the recovered articles has been conducted in accordance with law, as contemplated under Section 7 of the Bharatiya Nagarik Suraksha Sanhita. I t is contended that the alleged recovery is planted and the applicant is entitled to be enlarged on bail. 5. Per contra, learned State Counsel opposes the bail application and submits that the stolen 2026:UHC:4007 gold ornaments were recovered from the conscious possession of the applicant. It is further submitted that the complainant has duly identified the recovered articles as belonging to her. The recovery having been effected from the possession of the applicant, the same lends strong corroboration to the prosecution case at this stage. 6. Heard learned counsel for the parties and perused the record. The allegations disclose a well-planned offence of robbery wherein the complainant was allegedly rendered unconscious by administering an intoxicating substance and her gold ornaments were removed, which reflects prima facie seriousness and premeditation. More importantly, the stolen articles are stated to have been recovered from the possession of the applicant and have been identified by the complainant as belonging to her, which at this stage constitutes a strong incriminating circumstance connecting the applicant with the alleged offence. The contention regarding non-conduct of Test Identification Parade of the recovered articles is a matter of trial and does not, at this stage, dilute the effect of recovery and identification. 7. Considering the gravity of the offence, the prima facie evidence available, and the possibility of influencing witnesses or tampering with evidence, this Court finds no good ground to grant bail to the applicant at this stage. 8. Accordingly, the bail application is rejected. ( Alok Mah r a, J.) 21.05.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393 398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351 E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.21 16:52:43 +05'30'