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.2086 of 2025 Hon’ble Alok Mahra, J.

Mr. G.C. Lakhchaura, Advocate for the applicant.

Mr. Pradeep Lohani, Brief Holder for the State of Uttarakhand.

Mr. Zafar Siddique, Advocate for the complainant.

2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.0242 of 2025, under Section 105 of B.N.S., registered at P.S. Kichha, District Udham Singh Nagar.

3. The First Information Report was lodged by the father of the deceased alleging, inter alia, that the applicant had presecribed certain medicines to his son and, after consuming the same, the deceased went to sleep and did not wake up on 14.06.2025. The post-mortem examination was conducted; however, the post-mortem report indicates that the cause of death could not be ascertained and the viscera was preserved for chemical analysis.

4. Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime and is languishing in jail since 10.09.2025. He submits that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.

5. Learned State Counsel submits that the viscera was preserved in four jars and that one of the jars was found autolysed. It is thus contended that the cause of death still remains inconclusive and awaits final determination upon receipt of the chemical examination report.

6. Per contra, learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further contended that although the alleged incident occurred on 14.06.2025, the F.I.R. came to be lodged after an inordinate and unexplained delay of 49 days, i.e., on 02.08.2025. It is also submitted that the medicines allegedly administered to the deceased were recommended during the course of investigation, and till date no chemical analysis report has been brought on record to substantiate the allegation that the said medicines were the cause of death.

7. Learned counsel for the complainant submits that immediately after the death of the deceased, the complainant approached the concerned authorities for lodging of the report; however, the same was not registered at that stage. It is contended that only upon the intervention and directions issued by the higher officials, the present F.I.R. came to be registered, which sufficiently explains the delay in lodging the F.I.R.

8. Learned State Counsel has vehemently opposed the prayer for bail.

9. Since the cause of death has not been ascertained and the forensic report regarding the medicines allegedly recommended by the applicant is still