Uttarakhand High Court
BA1/1451/2025 on 18 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:7221
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BA1 No.1451 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Susheel Kumar, learned counsel for the applicant.
2. Ms. Meenakshi Sharma, learned Brief Holder for the State of Uttarakhand/ respondent.
3. The applicant is under incarceration in connection with the FIR No.0261 of 2025 dated 11.05.2025, for the offences punishable under Sections 105, 190, 191(2) and 191(3) of the B.N.S. 2023, registered with P.S. Pathri, District Haridwar.
4. In substance, the charge levelled against the applicant is of culpable of homicide not amounting to murder. From perusal of the FIR, it transpires that some commotion was happened between deceased and applicant & the alleged co- accused persons and in the said commotion while boarding the bus of Baraat, the deceased-Mujammil expired.
5. It is contended by learned counsel for the applicant that the post-mortem of the deceased was conducted and as per post- mortem report, there are no anti-mortem injuries on the body of the deceased and the cause of death is cardiac arrest due to coronary spasm. It is further contended by him that at the time of alleged incident, the deceased was 40 years of age.
2025:UHC:7221 Applicant has nothing to do with the sad demise of late Mujammil. He has falsely been roped in with the aforesaid crime.
6. Per contra, learned State Counsel submits that the charges levelled against the applicant are very serious.
7. Having heard the learned counsel for the parties and having gone through the contents of FIR and material available on record, this Court is of the view that at this stage, the applicant deserves to be released on bail.
8. Accordingly, the first bail application is allowed.
9. Let the applicant-Nisar, be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Magistrate concerned.
(Pankaj Purohit, J.) 18.08.2025 PN PREETI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f NEGI 0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D 84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.08.18 16:23:06 +05'30'