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2026:UHC:3922

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.1772 of 2025

Hon’ble Alok Mahra, J.

Mohd. Safdar, Advocate for the

applicant.

Mr. Rakesh Kumar Joshi, A.G.A. for the

State of Uttarakhand.

2. This first bail application has been

moved by the applicant seeking regular bail

in Case Crime/F.I.R. No.66 of 2024, under

Sections 302 & 201 I.P.C., registered at

Police Station Kotwali Laksar, District

Haridwar.

3. An F.I.R. was lodged by the son of the

deceased alleging therein that his father,

who used to vend clothes on a bicycle, had

left for work at about 02:30 p.m. on

23.01.2024 but did not return home in the

evening. On the following morning, the

informant’s uncle informed him that the

bicycle of the deceased was lying near

Jagatambani School. Upon reaching the

spot, the informant found the dead body of

his father lying in a field below the road,

covered with leaves, and bearing multiple

injuries. As per the Post Mortem Report, the

cause of death was opined to be shock and

haemorrhage due to ante-mortem injuries.

4. Learned counsel for the applicant

submits that the applicant has been falsely

implicated in the present case and has been

in judicial custody since 26.01.2024. It is

further submitted that the implication of the

applicant is based solely upon alleged

C.C.T.V. footage and the alleged

confessional statement of the applicant.

Learned counsel contends that in the said

C.C.T.V. footage, the deceased is merely

seen walking with his bicycle and another

person is seen walking behind him at about

2026:UHC:3922

07:23 p.m. on 23.01.2024; however, on the

basis of the physical appearance of the said

person alone, the applicant has been roped

into the present case. It is further submitted

that an axe used in the crime is alleged to

have been recovered, however, no blood

stains were found on the said weapon.

Learned counsel also submits that the place

from where the dead body was recovered is

an open field and there is no eyewitness

account of the alleged incident. It is further

argued that except for the alleged recovery

and circumstantial evidence, there is no

cogent material connecting the applicant

with the commission of the offence. Learned

counsel lastly submits that the applicant has

no likelihood of absconding or tampering

with the prosecution evidence and

undertakes to cooperate with the trial

proceedings.

5. Learned State counsel vehemently

opposed the bail application.

6. The prosecution case rests entirely on

circumstantial evidence. The implication of

the applicant is primarily based on alleged

C.C.T.V. footage wherein only a person

walking behind the deceased is seen and no

clear identification of the applicant is

discernible therefrom. Further, though an

axe is alleged to have been recovered, no

blood stains were found on the said weapon.

There is no eyewitness account of the

incident and the place of recovery of the

dead body is an open field accessible to all.

The applicant is in judicial custody since

26.01.2024, has no likelihood of absconding

or tampering with evidence and undertakes

to cooperate in the trial.

7. Accordingly, without expressing any

opinion on the ultimate merits of the

matter, this Court is of the considered view

that the applicant has made out a case for

grant of bail at this stage. The bail

application is allowed.

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8. Let the applicant-Rakesh be released

on bail, on executing personal bond and

furnishing two reliable sureties, each of like

amount, to the satisfaction of Court

concerned.

(Alok Mahra, J.)

20.05.2026

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