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Equitable Relief Denied Due to Suppression of Material Facts: Supreme Court Ruling

Equitable remedies occupy a distinctive place in civil law. Unlike statutory rights that operate automatically upon fulfilment of legal conditions, equitable relief is...
HomeAakash Saxena vs State Of Uttarakhand on 12 March, 2026

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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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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2026:UHC:1647
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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