Vineet v. State of Uttarakhand

UKHC010056022026 2026:UHC:7485 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS BA1/564/2026 Vineet --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J.

¶1Mr. S.R.S. Gill, learned counsel for the applicant.

¶2Mr. Pratiroop Pandey, learned AGA for the State.

¶3Mr. Mohd. Safdar, learned counsel for the complainant.

¶4The instant bail application has been moved by the applicant – "Vineet, S/o Nek Pal", in reference to FIR dated 02.10.2025 bearing F.I.R. No. 254 of 2025 registered at Police Station – Khanpur, District – Haridwar wherein present applicant has been implicated and charge sheeted for offences punishable under Section 109 (1) of BNS, 2023 and under Section 3 / 25 of the Arms Act.

¶5It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated and there is no independent witness and there is delay in lodging the FIR and the incident happened in Khanpur but injured was sent for medical treatment in Meerut, which is about 100 kms. away from the place of incident. He further submits that prosecution story is doubtful, since there is no independent witness though incident happened in a birthday ceremony and enmity as shown in the FIR relates to an incident, which was happened 30 years back. Apart from this, he submits that applicant is languishing in jail since 03.10.2025 i.e. since last more than 10 months and there is no substantial progress in the trial and the applicant has no criminal antecedents.

¶6On the other side, Mr. Mohd. Safdar, learned counsel for the complainant, submits that injured at the time of incident was of 13 years old and due to this injury, he is suffering from paralysis and permanently disabled and injured is the eye witness of the case, UKHC010056022026 2026:UHC:7485 who himself supported the prosecution case, therefore, at this juncture, testimony of other independent witnesses has no relevance.

¶7On the other side, learned AGA submits that after collecting all credible evidence, charge sheet has been filed and there is no dispute that applicant is languishing in jail since 03.10.2025 and applicant has no criminal antecedent and there is no substantial progress in the trial.

¶8After hearing the learned counsel for the parties and taking into consideration that the applicant is languishing in jail since 03.10.2025 and he has no criminal antecedent and there is no substantial progress in the trial, this Court is of the view that the applicant deserves bail. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed.

¶9Let the applicant – "Vineet, S/o Nek Pal" be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject the following conditions:- i. The applicant shall join the trial Court proceedings on each and every date without seeking any unnecessary adjournment. ii. The applicant shall not give any threatening to the victim or his family members and will not make any attempt to temper with the evidence. iii. It is further made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move application for cancellation of bail. (Rakesh Thapliyal, J.)

19.08.2026 SKS