BIJAY PRASAD vs STATE OF UTTARAKHAND

UKHC010141252026

2026:UHC:10352
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

BA1/1388/2026


Bijay Prasad
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.
Mr. T.C. Pandey, learned counsel
for the applicant.
2. Mr. Ms. Meenkashi Sharma and Mr.
Himanshu Sain, learned Brief Holder for
the State.
3. Applicant-Bijay Prasad, who is in
judicial custody in connection with Case
Crime/F.I.R. No. 1 of 2025 for the
offences punishable under Sections 87
and 238 B.N.S. registered at Police
Station-Berinag, District Pithoragarh,
has sought his release on bail.
4. Heard learned counsel for the
parties and perused the material
available on record.
5. Learned counsel for the applicant
would submit that the applicant is
innocent and has falsely been implicated
in the present case; that, a missing
report was lodged by the father-in-law of
the missing person on 12.09.2025 and
the applicant was not initially named as
an accused in the report, but was

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subsequently charge-sheeted upon
completion of the investigation.
6. Learned counsel for the applicant
would submit that the applicant has
been implicated only on the basis of
apprehension that the applicant, having
an alleged affair with the missing person,
had kidnapped her with the assistance of
the co-accused persons with the
intention of pressurizing her to marry
him; that, the prosecution case stands
substantially weakened by the scientific
evidence collected during the
investigation; that, the missing person
has not yet been recovered; and that the
co-accused persons, whose alleged roles
are stated to be more serious than that
of the present applicant, have already
been enlarged on bail.
7. Learned counsel would also submit
that the applicant has been languishing
in judicial custody since 11.12.2025;
that, he is a permanent resident of
District Bageshwar and, therefore, there
is no likelihood of his absconding or
fleeing from the process of law; that
there is no reasonable apprehension of
his tampering with the prosecution
evidence or influencing the witnesses;
and that the trial is likely to take
considerable time to reach its logical
conclusion. On these grounds, learned
counsel prays that the applicant may be
enlarged on bail.
8. Per contra, learned State counsel

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would vehemently oppose the prayer for
bail. However, he does not dispute the
fact that the missing person has not yet
been recovered, that the co-accused
persons have already been enlarged on
bail, and that the applicant is in judicial
custody since 11.12.2025.
9. Having considered the rival
submissions advanced by learned
counsel for the parties and upon perusal
of the material available on record, this
Court finds that the missing person has
not yet been recovered; the applicant was
not named as an accused in the initial
missing report; the co-accused persons,
whose alleged roles are stated to be more
serious, have already been enlarged on
bail. Having regard to the overall facts
and circumstances of the case, without
expressing any opinion on the merits of
the case, this Court is of the view that
the applicant has made out a case for
grant of bail.
10. Accordingly, the bail application is
allowed.
11. Let the applicant be released on bail
on furnishing a personal bond and two
reliable sureties, each in the like
amount, to the satisfaction of the court
concerned, subject to the following
conditions
(i) The applicant shall not, directly or
indirectly, threaten, induce or influence
any person acquainted with the facts of
the case.

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2026:UHC:10352
(ii) the applicant shall not tamper with
the prosecution evidence or influence
any witness.
(iii) the applicant shall cooperate with
the investigation and trial and regularly
appear before the Trial Court, unless
exempted.
(v) the applicant shall not leave India
without prior permission of the Court
concerned.
(vi) The applicant shall furnish his
current residential addresses and
mobile numbers to the Investigating
Officer/Court concerned and promptly
intimate any change therein.
11. In case of breach of any of the
aforesaid conditions, the prosecution
shall be at liberty to seek cancellation of
bail granted to the applicant.


(Alok Mahra, J.)
06.11.2026

Mamta

MA
MTA
RANI
Digitally signed by MAMTA
RANI
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OF UTTARAKHAND,
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9b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1
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Date: 2026.11.06 16:27:08
+05'30'