Sukhvinder Singh v. State of Uttarakhand

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

2026:UHC:2313

BA 1st No.230 of 2026 "Sukhvinder Singh Vs. State of Uttarakhand" Hon'ble Ashish Naithani, J.

Mr. Ankush Singhal, Ms. Rajni Rangwal, learned counsel for the Applicant.

¶2Mr. Dinesh Chauhan, learned DAG, for the State of Uttarakhand.

¶3In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant – Sukhvinder Singh, who has been accused in FIR No.08 of 2026, dated 13.01.2026 under Sections 109, 115, 191

(3), 352 and 3 (5) of the BNS, 2023 at Police Station Nanakmatta, District Udham Singh Nagar.

¶4The primary ground as advanced for consideration of the bail is that the Applicant has falsely been roped in the present matter. It is stated that as per the prosecution story, based on the FIR, the accused – Mangat Singh with the intention of taking the life fired on the chest of the injured, namely, Major Singh, resulting the victim – Major Singh, getting seriously injured. It is stated that the Applicant was not a person, who opened fire with the intention to kill (as alleged by the prosecution), the only reason assigned against the Applicant is that he along with Kulwant Singh, Balkar Singh, Balveer Singh, Balvinder Singh, instigated the main accused Mangat Singh to fire upon the injured Major Singh. To support the said contention it is further stated that the injured himself has stated the name of Mangat Singh, who opened fire upon him and he sustained serious injuries. Further it is also stated that an order of arrest has been passed in favour of the Applicant Sukhvinder Singh, in WPCRL No.308 of 2026, dated 24.02.2026, and thus, it is prayed that the Applicant may be enlarged on bail as he was not the one who open fire on the injured.

¶5The bail application has been opposed on behalf of the learned State Counsel primary on the ground that specific role against the Applicant and other co-accused, besides Mangat Singh, who aided in the commission of the crime and instigated Mangat Singh of opening the fire against the injured. It clearly shows common intention.

¶6It is further stated that the witnesses so recorded in the present matter also states that the Applicant along with other co-accused persons instigated Mangat Singh, to open fire and thus it will pose a threaten enlarging the Applicant on bail against the injured.

¶7After hearing the learned counsel for the parties and on perusal of the record, I find for grounds of bail are sufficient, at this juncture. The consideration of the prime ground though that there may be primary role of the Applicant as alleged against the Applicant along with other co-accused persons, who instigated Mangat Singh in committing the said crime and there may be common intention but the Applicant was not the person who opened fire on the injured with the gun.

¶8Considering the overall facts and circumstances of the case, the Applicant has made out a case for bail.

¶9Accordingly, bail application is allowed. It is directed that the Applicant - Sukhvinder Singh, who has been accused in FIR No.08 of 2026, dated 13.01.2026 under Sections 109, 115, 191 (3), 352 and 3 (5) of the BNS, 2023 at Police Station Nanakmatta, District Udham Singh Nagar, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him.

(Ashish Naithani, J.)

01.04.2026 Nitesh/