Aakash v. State of Uttarakhand

SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar's or der w it h Sign at u r es COURT'S OR JUDGE'S ORDERS

2026:UHC:3448

BA 2 n d No.59 of 2 02 6 "Aakash Vs. State of Uttarakhand" Hon 'ble Ash ish Nait h an i, J.

Mr. Subhash Chand Burman, learned counsel for the Applicant.

¶2Mr. S.S. Chauhan, learned DAG with Mr. Vikash Uniyal, learned Brief Holder, 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 – Aakash, who has been accused in FIR No.237 of 2025, under Sections 109 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023, and under Section 3/25 of the Arms Act, 1878, at Police Station Kankhal, District Haridwar.

¶4This is the second bail application of the Applicant. The first bail application was dismissed by this Court vide judgment and order dated 17.03.2026.

¶5The prosecution story is that on 26.08.2025, an FIR was lodged by the informant against the Applicant with one more person for the offence punishable under Section 109 of BNS, at Police Station Kankhal, District Haridwar, with an allegation that the informant who is a student of "Gurukul Kangri Deemed University" and is currently pursuing MA, that while returning home after the completion of classes, the informant along with his friends, namely, Uday Pratap, Pratham Rana and Anant Tyagi, and when they reached "Aman Chowk", two bike riders, namely, Aakas Pal and D K Lalpuriya, who opened fire upon them with the purpose of causing hurt, somehow they managed to escape, and it is mentioned that D.K. Lalpuriya, was the person to open the fire on them.

¶6Learned counsel for the Applicant submits that it is a case of parity as co-accused, namely, Digendra @ DK, has been granted bail by this Court in BA 1st No.395 of 2026 vide judgment and order dated 24.04.2026.

¶7Learned State Counsel admits this fact that it is a case of parity as co-accused has been granted bail by this Court.

¶8Considering the overall facts and circumstances of the case and the fact that the co-accused has been granted bail, the Applicant has made out a case for bail.

¶9Accordingly, bail application is allowed. It is directed that the Applicant - Aakash, who has been accused in FIR No.237 of 2025, under Sections 109 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023, and under Section 3/25 of the Arms Act, 1878, at Police Station Kankhal, District Haridwar, 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

( Ash ish Nait h an i, J.)

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