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 UKHC010077212026
2026:UHC:7110
COURT’S OR JUDGE’S ORDERS
BA1/768/2026 Vipin
--Applicant Versus State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. S.R.S. Gill, learned counsel for the applicant.
2. Mr. Pratiroop Pandey, learned AGA for the State.
3. Mr. Lalit Sharma, learned counsel for the complainant.
4. Present applicant Vipin, S/o Shri Jogendra is praying for bail in reference to first information report dated 25.09.2024 bearing FIR No.802 of 2024, P.S. Manglaur, District Haridwar wherein in total eight persons including the present applicant are charge sheeted and facing the trial for the offences punishable under Sections 103(1), 109(1), 115(2), 190, 191(2), 193 (3), 351 (2), 352, 61(2) of BNS, 2023.
5.
Learned counsel for the applicant argued that all the other co-accused persons have already been enlarged on bail and present applicant is languishing in jail since 25.09.2024 and there are in total 28 prosecution witnesses but up till date only three prosecution witnesses have been examined and as such there is no possibility that trial would be expedited soon. In addition to this, he submits that the incident as alleged is the fight in between
two group of villagers and from the side of the applicant three persons were injured out of which one was seriously injured and was in “coma” regarding which a cross FIR was also lodged from the side of the applicant in which in total 10 persons were charge sheeted and all of them have also been enlarged on bail.
6. Mr. S.R.S. Gill also submits that one of co-accused Narendra is also enlarged on bail by Hon’ble Supreme Court on 08.05.2026 after taking into consideration incarceration period of 1 year and 7 months.
7. Mr. Lalit Sharma, learned counsel for the complainant seriously opposed the bail application by submitting that specific role has been assigned to the present applicant and his role is more serious in comparison to the others, who have been enlarged on bail, however he has not disputed that in reference to this incident there is a cross FIR also wherein in total 10 persons have been charge sheeted and all of them have been enlarged on bail.
8. On the other side, Mr. Pratiroop Pandey, learned AGA also have not disputed that all the other co-accused persons have been enlarged on bail and not only this even all accused persons of the cross FIR have also been enlarged on bail. Apart from this, learned AGA has also not disputed that up till date, out of total 28 prosecution witnesses, only 3 prosecution witnesses have been examined.
9. After hearing the submissions of
learned counsel for the parties and taking into consideration that present applicant is languishing in jail since 25.09.2024 and up till date out of 28 prosecution witnesses only 3 prosecution witnesses have been examined, therefore, there is no possibility that trial would be expedited soon. Apart from this, all the other co-accused have already been enlarged on bail and in cross FIR also all the 10 persons who have been charge sheeted have also been enlarged on bail. Thus, this Court is of the view that applicant deserves for bail.
10. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
11. Let the present applicant-Vipin, S/o Jogendra be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned on the following conditions:
“i. Applicant shall join the trial court proceeding on each and every date without seeking any unnecessary adjournment. ii. The applicant shall surrender his passport (if any) within three days after being released on bail and will not leave the country without prior permission of the court concerned. iii. The applicant shall not indulge in any criminal activities and will not make any attempt to temper with the evidence.
iv. The trial court may proceed and expedite the trial, as early as possible, without being influenced with the observation, as above.
(Rakesh Thapliyal, J.) 11.08.2026 Arti