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2026 DAILYLAW 9828 (UTT)

ARVIND KUMAR ALIAS KAVI v. STATE OF UTTARAKHAND

BA1/763/2026 · 2026-08-14

Rakesh Thapliyal

body2026

Judgment text

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 JUDGE’S ORDERS UKHC010076862026 2026:UHC:7306 UKHC010076862026 BA1/763/2026 Arvind Kumar Alias Kavi --Applicant Versus State of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. Mr. Harshit Sanwal, learned counsel for the applicant. 2. Mr. B.C. Joshi, learned AGA, for the State of Uttarakhand. 3. The present applicant – Arvind Kumar @ Kavi S/o Potiram @ Gopal, is praying for bail in reference to FIR dated 25.01.2026 bearing FIR No.25 of 2026, Police Station Kichha, District Udham Singh Nagar, wherein, the present applicant has been implicated and chargesheeted for the offences punishable under Sections 309 (6) and 317 (2) of BNS, 2023. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and have no criminal antecedents and the recovery as shown is false and planted, which itself is evident from the chargesheet wherein the tentative costs of recovered articles are shown and furthermore he is languishing in jail since 26.01.2026 and the trial has already been commenced, therefore, the applicant be released on bail. 5. On the other side, learned AGA submits that after collecting all the credible evidences including the CCTV footages chargesheet is filed, and furthermore the applicant does not belong to the District Udham Singh Nagar, Uttarakhand rather he belongs to Bareilly, Uttar Pradesh, therefore, there are all chances that he may be absconded, though he is not disputing that the present applicant have no criminal antecedents and is languishing in jail since 26.01.2026. 6. Mr. Joshi, learned AGA proposes that if the applicant is enlarged on bail some stringent conditions may be imposed upon him so that in future he may not be indulged in any such activity. 7. After hearing the submissions of the learned counsel for the parties, and taking into consideration that the present applicant is languishing in jail since 26.01.2026 and the chargesheet is already filed and he has no criminal antecedents, therefore, this Court is of the view that the applicant deserves for bail but with some stringent conditions. 8. Accordingly without expressing any opinion on the merits of the case, instant bail application is allowed. 9. Let the applicant – “Arvind Kumar @ Kavi”, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned, subject to the following conditions:- (a) After being released on bail the applicant shall join the Trial Court proceedings on each and every date without seeking any unnecessary adjournment. (b) The applicant shall report to the concerned Police Station where the FIR No.25 of 2026 is registered, on the 1st day of every month for 9 months, and the concerned SHO or his subordinates of P.S. Kichha, District Udham Singh Nagar, shall record his presence. (c) The applicant after being released on bail shall give the details of his Aadhar card, Mobile number, and the details of his parents, so that there may not be any possibility for his involvement in such activity in future. (d) On breach of any such conditions, the prosecution is directed to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 14.08.2026 Nitesh/