Aakash Saxena vs State Of Uttarakhand on 12 March, 2026

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    Uttarakhand High Court

    Aakash Saxena vs State Of Uttarakhand on 12 March, 2026

    Author: Alok Kumar Verma

    Bench: Alok Kumar Verma

                                                           2026:UHC:1647
    
         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
    THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                          12th MARCH, 2026
            FIRST BAIL APPLICATION NO. 2505 of 2025
    
    Aakash Saxena                                    .....Applicant
    
                                 Versus
    State of Uttarakhand                             .....Respondent
    
    Counsel for the Applicant    :       Mr. Gaurav Singh, Advocate.
    
    
    Counsel for the Respondent   :       Mr. Pratiroop Pandey, Assistant
                                         Government Advocate.
    
    
    Hon'ble Alok Kumar Verma,J.
    

    Applicant – Aakash Saxena is in judicial custody

    for the offence punishable under Sections 420, 467, 468,

    SPONSORED

    471, 120B of the Indian Penal Code, 1860, Sections 111(3),

    351(2) and Section 352 of the Bharatiya Nyaya Sanhita,

    2023 in Case Crime No.415 of 2025, registered at Kotwali

    Gangnahar, District Haridwar.

    2. In short, the allegations in the First Information

    Report dated 27.08.2025 are that a fake power of attorney

    deed was created and showed that the said power of

    attorney deed was executed by one Rekha. Thereafter, sale-

    deed of two plots was executed on the basis of the said

    forged power of attorney deed.

    3. Heard Mr. Gaurav Singh, learned counsel for the

    applicant and Mr. Pratiroop Pandey, learned Assistant

    Government Advocate for the respondent.

    4. Mr. Gaurav Singh, Advocate, contended that the

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    2026:UHC:1647
    applicant has been falsely implicated in the present matter.

    He is not a member of any Gang. He did not threaten to

    anyone. He has no criminal antecedents. He did not execute

    the power of attorney deed. He is not the witness to the

    power of attorney deed. The sale-deed was not executed by

    him. He is only a witness to the said sale-deed. The said

    registered power of attorney deed was not cancelled at the

    time of the execution of the sale-deed. Applicant is a

    permanent resident of District Haridwar, therefore, there is

    no possibility of his absconding. Manish alias Bolar, Hasan

    Abbas Jaidi and Sher Singh, these three co-accused, have

    already been granted regular bail by this Court, and,

    applicant is in custody since 05.12.2025.

    5. Mr. Pratiroop Pandey, Assistant Government

    Advocate, has opposed the bail application.

    6. Bail is the rule and committal to jail is an

    exception. Refusal of bail is a restriction on the personal

    liberty of the individual, guaranteed under Article 21 of the

    Constitution of India. The object of keeping the accused in

    detention during the investigation or trial is not

    punishment. The main purpose is manifestly to secure the

    attendance of the accused.

    7. Having considered the submissions of learned

    counsel for both the parties and in the facts and

    circumstances of the case, no reason is found to keep the

    applicant behind the bars for an indefinite period, therefore,

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    without expressing any opinion as to the merits of the case,

    this Court is of the view that the applicant deserves bail at

    this stage.

    8. The Bail Application is allowed.

    9. Let the applicant – Aakash Saxena be released

    on bail on his executing a personal bond and furnishing two

    reliable sureties, each in the like amount, to the satisfaction

    of the court concerned.

    ___________________
    ALOK KUMAR VERMA, J.

    Dt: 12.03.2026
    Shiv/

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