18-Year-Old Murder Accused Gets Bail From Uttarakhand HC, Which Notes Co-Accused’s Bail And Only 1 Of 5 Eyewitnesses Backing Prosecution

The applicant sought bail in a case initially registered under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS), following an incident on 5 March 2026 in which the deceased was stabbed.

After the deceased died on 15 March 2026, the charge was altered to Sections 103(1) and 3(5) of the BNS and Sections 4/25 of the Arms Act.

The applicant’s case was that the co-accused inflicted the knife injuries, no recovery was made from him, and the co-accused—a child in conflict with law—had been granted bail.

The prosecution opposed bail, though it did not dispute that only one of five eyewitnesses supported its case.

The applicant had been in judicial custody since 6 March 2026, and the charge-sheet had been filed.

The charges against the applicant were under Sections 103(1) and 3(5) of the BNS and Sections 4/25 of the Arms Act.

The Court applied its discretionary jurisdiction to decide the bail application, considering the circumstances presented, including the co-accused’s bail, the state of the eyewitness evidence, the applicant’s custody and the filing of the charge-sheet.

The judgment cites no specific bail provision or precedent.

The Court noted that the co-accused alleged to have inflicted the knife injuries had been granted bail, and that only one of the five eyewitnesses supported the prosecution case.

It also considered that the applicant had been in custody since 6 March 2026, the charge-sheet had been filed, and he was about 18 years old and pursuing an ITI course.

The credibility of the witnesses and evidentiary value of their statements were matters for trial; without expressing an opinion on the merits, the Court found these circumstances sufficient to make out a case for bail.

It directed his release on furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned.