VIKAS SINGH GAIRA vs STATE OF UTTARAKHAND

UKHC010111912026

2026:UHC:9698
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

BA1/1129/2026


Vikas Singh Gaira
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.

Mr. D.C.S. Rawat, learned senior
counsel assisted by Mr. Shubhang
Dobhal and Mr. Deewan Singh Bisht,
learned counsel for the applicant.
2. Mr. Deepak Bisht, learned Deputy
A.G. along with Mr. Akshay Latwal and
Mr. Prabhat Kandpal, learned A.G.A.
for the State.
3. Applicant-Vikash Singh Gaira,
who is in judicial custody in connection
with Case Crime/F.I.R. No. 23 of 2026,
registered at Police Station Kathgodam,
District Nainital, for the offence
punishable under Section 109(1) of the
B.N.S., seeks bail. It is submitted that
the charge-sheet has now been filed
against the applicant for the offences
punishable under Sections 103(1)/3(5)
of the B.N.S. and Sections 4/25 of the
Arms Act.
4. Heard learned counsel for the

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parties and perused the material
available on record.
5. Learned senior counsel for the
applicant would submit that the
informant, who is the mother of the
deceased, lodged an F.I.R. alleging that
on 05.03.2026, the present applicant
and a co-accused, who is a Child in
Conflict with Law, assaulted the
deceased and that the co-accused
stabbed him in the stomach with a
sharp-edged knife, resulting in his
critical condition. The F.I.R. was
initially registered under Section 109(1)
of the B.N.S. During the course of
investigation, the injured succumbed to
his injuries on 15.03.2026, whereupon
Section 109(1) of the B.N.S. was deleted
and Sections 103(1) and 3(5) of the
B.N.S., along with Section 4/25 of the
Arms Act, were added.
6. Learned senior counsel for the
applicant would submit that a sudden
scuffle took place between the
deceased, the present applicant and the
co-accused, who is a Child in Conflict
with Law; that, during the incident, the
co-accused allegedly stabbed the
deceased in the stomach with a knife.
He would further submit that the co-
accused has already been granted bail
by the Juvenile Justice Board, Nainital,
vide order dated 20.04.2026. It is
contended that no specific role of

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inflicting knife injuries has been
assigned to the present applicant and
that, as per the prosecution case, the
fatal injuries were inflicted by the co-
accused. It is also submitted that no
recovery has been made from the
possession of the applicant.
7. Learned senior counsel would
further submit that the applicant is
innocent and has been falsely
implicated in the present case; that, he
has no criminal history and is pursuing
an I.T.I. course at Government I.T.I.,
Haldwani. It is further submitted that
no motive has been attributed to the
applicant for committing the alleged
offence and that the allegations against
him do not establish his involvement in
the offence as charged; that, out of the
five eyewitnesses, four have not
supported the prosecution case and
only one witness has supported the
prosecution version, stating that the
co-accused took out a knife from his
scooter, while the present applicant,
Vikas, caught hold of the deceased,
whereafter the co-accused repeatedly
stabbed the deceased in the stomach
due to which the deceased sustained
injuries and fell unconscious, following
which both the co-accused and the
present applicant allegedly fled from
the spot.
8. Learned senior counsel would

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further submit that the charge-sheet
has already been filed and, therefore,
there is no likelihood of the applicant
tampering with the evidence; that, the
applicant is a permanent resident of
Haldwani, District Nainital, and there is
no likelihood of his absconding. He is a
young boy aged about 18 years and is
languishing in judicial custody since
06.03.2026; that, the trial is not likely
to conclude in the near future and that
prolonged incarceration would
adversely affect the future of the young
applicant. On these grounds, learned
senior counsel prays that the applicant
be enlarged on bail.
9. Per contra, learned State counsel
would vehemently oppose the prayer for
bail. However, he does not dispute that
the co-accused, who is a Child in
Conflict with Law, has been granted
bail by the Juvenile Justice Board; that
the applicant is in judicial custody
since 06.03.2026; or that, out of the
five eyewitnesses examined during the
trial, only one has supported the
prosecution case.
10. 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 co-
accused who is alleged to have inflicted
knife injuries upon the deceased, has

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2026:UHC:9698
already been granted bail by the
Juvenile Justice Board. It is further
submitted that, out of the five
eyewitnesses examined during the trial,
only one has supported the prosecution
case. The applicant is in judicial
custody since 06.03.2026, and the
charge-sheet has already been filed. It
is also noteworthy that the applicant is
a young boy aged about 18 years and is
pursuing an I.T.I. course. The
credibility of the prosecution witnesses,
including the eyewitnesses, and the
evidentiary value of their statements
are matters to be assessed by the trial
court during the course of trial.
11. Having regard to the aforesaid
facts and circumstances, and 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
bail. Accordingly, the first bail
application is allowed.
12. 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.


MA
MTA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f2
44f3e584af1449e430ef900bf0
9a6d67ebbd642671329b,
postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9
cabfd54852c9e68911ca8b66d
d26690a191648ab5d8dd004e
f0, cn=MAMTA RANI
Date: 2026.10.28 11:25:24
+05'30'
(Alok Mahra J.)
27.10.2026
Mamta