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2026 DAILYLAW 7656 (UTT)

MOHIT v. STATE OF UTTARAKHAND

BA1/542/2026 · 2026-07-06

Rakesh Thapliyal

body2026

Judgment text

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UKHC010053962026 2026:UHC:5410 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/542/2026 Mohit --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. B.S. Adhikari, learned counsel for the applicant. 2. Ms. Rangoli Purohit, learned AGA for the State. 3. Mr. Tapan Singh, learned counsel for the complainant. 4. Present applicant “Mohit, son of Rajkumar @ Raju”, is praying for regular bail in reference to FIR dated 31.10.2025 bearing FIR No. 319 of 2025 registered at Police Station – Jabreda, District – Haridwar wherein the present applicant along with two others i.e. his father – Rajkumar @ Raju and brother – Rohit @ Gopi have been implicated for the offences punishable under Section 103 (1), 3 (5) BNS, 2023. 5. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and it is a case of sudden provocation and as per the prosecution, the main assailant is Rohit @ Gopi and on the pointing out of the co- accused Rohit @ Gopi, baseball was recovered, which was used in the commission of the crime. He further submits that applicant has no criminal antecedent and he is languishing in jail 04.11.2025. He further submits that charge sheet has already been filed on 21.01.2026, therefore, there is no need of further custodial interrogation. 6. On the other side, Mr. Tapan Singh, learned counsel for the complainant submits that there was common intention and motive and though the recovery has been shown from the co-accused Rohit @ Gopi but all the three accused persons in UKHC010053962026 2026:UHC:5410 an organized manner committed the crime. 7. Ms. Rangoli Purohit, learned AGA have not disputed that applicant has no criminal antecedent and is languishing in jail 04.11.2025 and the main assailant is Rohit @ Gopi and charge sheet has already been filed on 21.01.2026. 8. After hearing the rival submissions of learned counsel for the parties and taking into consideration that charge sheet has already been filed on 21.01.2026 and the applicant is languishing in jail 04.11.2025 and as per the prosecution, the main assailant is Rohit @ Gopi and the applicant has no criminal antecedent, this Court is of the view that applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10. Let the applicant “Mohit, son of Rajkumar @ Raju” be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned. 11. It is made clear that benefit of this bail order will not be given to other co-accused. (Rakesh Thapliyal, J.) 06.07.2026 SKS