DHEERENDRA KUMAR vs STATE OF UTTARAKHAND

UKHC010191392026

2026:UHC:10227
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

BA1/1812/2026

Dheerendra Kumar
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.
Mr. S.R.S. Gill, learned counsel for
the applicant.
2. Mr. Pratiroop Pande, learned
A.G.A. for the State.
3. Applicant-Dheerendra Kumar, who
is in judicial custody in connection with
Case Crime/F.I.R. No. 304 of 2026
registered at Police Station-Bazpur,
District Udham Singh Nagar for the
offences punishable under Sections
109(1), 115(2), 351(3), 352, 3(5) of
B.N.S. 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, as per the
prosecution case, on 23.08.2026, the
informant went to his in-laws' house to
bring back his wife, but they refused to
send her with him. Thereafter, the
informant contacted the present
applicant, who had acted as a mediator

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in their marriage, and a heated
conversation took place between them
over the phone. It is further alleged
that, on the same day, the applicant,
along with four co-accused persons,
went to the informant's house,
assaulted him and thereafter opened
fire, in which one Rishipal sustained
injuries and was taken to the hospital.
6. Learned counsel would further
submit that the applicant has falsely
been implicated in the present case;
that, although he has been named in
the F.I.R. but no specific role of
assaulting the injured or opening fire
has been attributed to him; that, the
allegations regarding the use of
firearms are directed against the co-
accused persons, and no specific
allegation of firing has been levelled
against the applicant and this fact has
already been come in the rejection
order of the court below. It is also
submitted that the injuries sustained
by the injured are simple in nature.
7. Learned counsel would further
submit that the applicant is in judicial
custody since 27.08.2026; that, he has
no criminal antecedents and is a
permanent resident of District Udham
Singh Nagar; that, there is no likelihood
of his absconding or tampering with the
prosecution evidence; that, the trial is
likely to take considerable time to

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conclude, therefore, the applicant may
be enlarged on bail.
9. On the previous date of hearing,
learned State counsel was directed to
obtain instructions regarding the
nature of injuries sustained by the
injured. In compliance thereof, learned
State counsel, on instructions, submits
that the injuries sustained by the
injured are simple in nature; that, the
fact that the applicant is in judicial
custody since 27.08.2026 is also not
disputed.
10. Having heard learned counsel for
the parties and upon perusal of the
material available on record, this Court
finds that, although the applicant has
been named in the F.I.R., no specific
allegation of firing or causing firearm
injuries has been attributed to him. The
allegations regarding the use of
firearms are primarily directed against
the co-accused persons and that the
injuries sustained by the injured are
simple in nature. 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 upon furnishing a personal bond
and two reliable sureties, each in the
like amount, to the satisfaction of the
court concerned, subject to the

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following conditions:
(i) The applicants shall not, directly or
indirectly, threaten, induce or influence
any person acquainted with the facts of
the case.
(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) They shall furnish their current
residential addresses and mobile
numbers to the Investigating
Officer/Court concerned and promptly
intimate any change therein.
12. 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.)
04.11.2026
Mamta