Pawan vs State Of Uttarakhand

Alok Mahra, J

Applicant Pawan, who is in judicial custody in connection with Case Crime/FIR No. 224 of 2025, under Sections 109, 126(2), 352, 191(2), 191(3) and 190 B.N.S., registered at P.S. Kashipur/ITI, District Udham Singh Nagar, has sought his release on bail.

Heard learned counsel for the parties and perused the records.

In this case, an FIR was lodged by one Sarjeet Singh on 21.05.2025 against Vansh, Divyansh, Aman and Rohan under Sections 109, 126(2), 352, 191(2), 191(3) and 190 B.N.S. The case of the applicant is that he is not named in the FIR. All the sections charged against him are bailable except Section 109 BNS.

Learned counsel for the applicant would submit that the applicant has only been arrested on the basis of CCTV footage, wherein, the applicant is alleged to be kicking from behind the injured. Though, he doubts the veracity of the CCTV footage even then he argues that charges under Section 109 BNS could not be framed against the applicant. Learned counsel for the applicant further submits that the co-accused Bhola @ Shivam has been granted bail by this Court vide order dated 15.10.2025, hence the applicant also deserves to be released on bail on parity.

Learned counsel appearing for the State fairly admits the above position.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.