Uttarakhand High Court
BA1/1134/2025 on 2 May, 2026
2026:UHC:3318
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.1134 of 2025
with
BA1 No.2127 of 2024
Hon'ble Alok Mahra, J.
Mr. Priyanshu Gairola and Mr. Ravindra S.
Rawat, Advocates for the applicant.
Mrs. Manisha Rana Singh, Deputy
Advocate General for the State of Uttarakhand.
2. These first bail applications have been
moved by the applicants seeking regular bail in
Case Crime/F.I.R. No.530 of 2023, under
Sections 302, 201 & 120-B I.P.C., registered at
Police Station Kotwali Nagar Haridwar, District
Haridwar.
3. As per the prosecution case, an F.I.R. was
lodged by the complainant alleging that four
persons had taken away her son, and
subsequently, his dead body was found lying
beside a railway track. Upon completion of
investigation, the present applicants along with
two other co-accused persons were arrested
and a charge-sheet came to be filed against
them.
4. The deceased was in the habit of stealing
money and, on account of such conduct, the
applicants assaulted him with wooden sticks,
causing him to fall down. Thereafter, a co-
accused, namely Bhagwati, arrived at the spot
and, noticing that the deceased was not
breathing, instructed the others to dispose of
the body. In pursuance thereof, the accused
persons allegedly dragged the body and placed
it near the railway track. During investigation,
CCTV footage of the vicinity was also collected,
which was shown to the complainant, who is
stated to have not identified the applicants as
the assailants.
5. Learned counsel for the applicants
submits that the applicants have been falsely
implicated in the present case and have no
criminal antecedents. It is further submitted
2026:UHC:3318
that the applicants are in judicial custody since
08.08.2023. It is argued that although the
complainant has been examined as P.W.-1
during trial, she has not supported the
prosecution case to the extent of identifying the
present applicants, and no Test Identification
Parade was ever conducted. It is further
contended that there is no likelihood of the
applicants tampering with the prosecution
evidence.
6. Having heard learned counsel for the
parties and upon perusal of the material
available on record, this Court finds that the
applicants have remained in custody for a
considerable period. The testimony of the
complainant, who has been examined as P.W.-
1, does not prima facie support the prosecution
case insofar as identification of the applicants is
concerned. Moreover, no Test Identification
Parade was conducted during the course of
investigation. The trial has commenced and
there is nothing on record to indicate that the
applicants, if released on bail, would misuse the
liberty or tamper with the evidence.
7. Accordingly, without expressing any
opinion on the ultimate merits of the matter,
this Court is of the considered view that the
applicants have made out a case for grant of
bail at this stage. The bail applications are
allowed.
8. Let the applicants-Kamal alias Baba and
Mukesh Chanderiya be released on bail, on
executing personal bond by each one of them
and furnishing two reliable sureties by each one
of them, each of like amount, to the satisfaction
of Court concerned.
(Alok Mahra, J.)
02.05.2026
Arpan
ARPAN
Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c048536544
5e3a20dddb7393398f9fe45ba3e, postalCode=263001,
JAISWAL
st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5
109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN
JAISWAL
Date: 2026.05.02 17:50:24 +05’30’
