Temple-Collection Accused Gets Bail After ₹5,000 Recovery 16 Days After Arrest From Dharamshala Room Said To Be Publicly Accessible: Uttarakhand HC

The applicant was in judicial custody in connection with an FIR registered at Police Station Shri Badrinath, District Chamoli, for alleged offences under Sections 306, 316(5), 317(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The prosecution case arose from a preliminary enquiry alleging that he took money during the counting of collections under “Thali Bhet Calculation.”

After his arrest on 12 July 2026, ₹5,000 was allegedly recovered at his pointing out on 28 July 2026 from a room in a dharamshala.

The applicant argued that the recovery was delayed and made from a place accessible to the public and devotees.

The charge-sheet had been filed, and he sought bail; the State opposed the application but did not dispute the filing of the charge-sheet or the timing of the recovery.

The alleged offences were under Sections 306, 316(5), 317(2) and 61(2) of the BNS.

The judgment does not cite a specific statutory provision governing bail, any precedent, or a separate doctrinal test.

It states that the bail decision turned on the nature of the allegations, the stage of the proceedings, the period of incarceration, and the overall facts and circumstances of the case.

The Court noted that the investigation was complete and the charge-sheet had been submitted.

It also considered that the alleged ₹5,000 recovery was made from a dharamshala room said to be accessible to the public and devotees, and occurred more than sixteen days after the applicant’s arrest.

Taking these matters together with the nature of the allegations, the stage of the proceedings, and the period of incarceration, the Court concluded that the applicant had made out a case for bail, without expressing any opinion on the merits.

Bail was subject to conditions including non-interference with witnesses or evidence, cooperation with the investigation and trial, regular attendance unless exempted, no travel outside India without prior permission, and provision of current residential address and mobile number details.

The prosecution may seek cancellation of bail if a condition is breached.