Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGES’S
2026:UHC:4008
BA1 No. 534 of 2026 Vikas Pal alias Murga
....Applicant
Vs. State of Uttarakhand
......Respondent Hon’ble Ashish Naithani, J. Mr. Saurav Adhikari and Mr. Gaurav Kandpal, learned counsel for the Applicant.
2. Mr. Pradeep Lohani, learned A.G.A. for the State of Uttarakhand.
3. The present Bail Application has been moved by the Applicant—Vikas Pal alias Murga, S/o Janki Pal, R/o Shivaji Colony, Dehariya Manpur Paschim, Nainital, who is in judicial custody in connection with FIR/Case Crime No. 0055 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar, for offences punishable under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)(a) of the Arms Act, 1959.
4. Heard learned counsel for the parties and perused the record.
5.
Learned counsel for the Applicant, while pressing the bail application, submitted that the Applicant has been falsely implicated in the present case and is in judicial custody since 04.02.2025. It is contended that the grounds of arrest were not communicated to the Applicant in writing, as mandated by the Hon’ble Apex Court in a catena of judgments. It is further submitted that no independent witness was associated with the alleged incident despite the occurrence having allegedly taken place at a busy public place, thereby rendering the entire prosecution story highly doubtful.
6.
Learned counsel further contended that the allegation regarding firing upon the police party is false, baseless and unsupported by any independent or scientific evidence and appears
to have been introduced merely to give colour to an otherwise false case. It is also submitted that it is a case of no injury and there is neither any medical evidence nor any ballistic evidence presently available on record to substantiate the allegation of firing.
7. Per contra, learned State Counsel opposed the bail application and contended that during the course of investigation, the country- made pistol allegedly recovered from the possession of the accused along with the empty cartridge was sent for ballistic examination; however, the report thereof is still awaited.
8. After hearing learned counsel for the parties and upon perusal of the material available on record, this Court finds that considering the overall facts and circumstances of the case, and without expressing any opinion on the merits thereof, the Applicant has been able to make out a fit case for grant of bail.
9. Accordingly, the Bail Application is allowed.
10. Let the Applicant be released on bail upon furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
11. It is made clear that any observation made hereinabove is only for the purpose of adjudication of the present bail application and shall not be construed as an expression on the merits of the case.
12. All pending applications, if any, shall stand disposed of.
(Ashish Naithani, J.) 21.05.2026 Shiksha