Uttarakhand High Court
BA1/2526/2025 of KAILASH Vs STATE OF UTTARAKHAND on 31 December 2025
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 2526 of 2025 Hon'ble Rakesh Thapliyal, J. 1. Ms. Shumayla Zafri, learned counsel with Ms. Lubhna Jahan, learned counsel for the
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
BA1 No. 2526 of 2025
Hon'ble Rakesh Thapliyal, J.
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1. Ms. Shumayla Zafri, learned counsel with Ms. Lubhna Jahan, learned counsel for the applicant.
2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicants-Kailash, S/o Shyam Singh, Jitendra Singh, S/o Bihari Lal and Priyanshu, S/o Murari Singh are praying for bail in reference to FIR dated 23.10.2025, bearing FIR No. 262 of 2025, P.S. Kotwali Kotdwar District Pauri Garhwal wherein as many as 22 persons have been implicated for the offences punishable under Sections 132, 191(2), 191(3), 190, 351(2), 352 of BNS
read with Section of Uttarakhand Prevention of Defacement of Public Property Act, 2003.
4. Learned counsel for the applicants argued that all the applicants are innocent and have been falsely implicated and in fact this is nothing but a case of sudden provocation between the two groups during Ram Leela in Dev Ram Pur Talla. She further submits that one Ashish Dabral came to the spot and quarrelled with applicants and taking into consideration the law and order situation all these three persons were challaned under Section 172 of BNSS 2023 and the allegation is that after challan these applicants in association with some other persons make an attempts to put hurdle on the police personnel from doing their duties.
5. It is also contended that Ashish Dabral after taking him in custody was released by the police. She further submits that applicants are languishing in jail since 22.10.2025. She further submits that the applicants have no criminal history. She also submits that even on perusal of the FIR as many as 23 persons with some unknown persons have been implicated and no specific role has been assigned to the applicants. She further submits that other accused, though females, with similar role have been enlarged on bail.
6. Learned counsel for the applicants argued that all the applicants are not named in the FIR, however, the persons are named in the FIR have been enlarged on bail by this Court on 12.12.2025. Copy of which has been enclosed as Annexure 3 and 4 and claims parity. It is also contended that the applicants have no previous criminal history.
7. On the other side, Mr. G.S. Sandhu, learned Addl. Advocate General for the State have not disputed that the other co- accused who are named in the FIR have already been enlarged on bail and fairly submits that the applicants deserves to get benefit of parity.
8. After hearing the arguments of the learned counsel for the parties and taking into consideration that the other co-accused who are named in the FIR have already been enlarged on bail, this Court is of the view that the present applicants deserve for bail.
9. Accordingly, without expressing any opinion on merit of the case, the bail application is allowed.
10. Let the applicants Kailash, Jitendra Singh and Priyanshu be released on bail on their executing a personal bond and furnishing two reliable sureties by each one of them each of the like amount to the satisfaction of the court concerned.
11. It is further made clear that after being released on bail the applicants shall cooperate with the investigation.
(Rakesh Thapliyal, J.)
31.12.2025
Nahid