01Facts
The applicant sought bail while in judicial custody in connection with FIR No. 0120 of 2026, registered at Police Station Doiwala, Dehradun, for alleged offences under Sections 3 and 25 of the Arms Act and Section 109 of the Bharatiya Nyaya Sanhita, 2023.
¶ 2The prosecution alleged that, after abandoning a vehicle during a police check, the applicant fired at police personnel and was injured when they returned fire; a country-made pistol and cartridges were allegedly recovered from him.
¶ 4The applicant claimed he had been taken from his home hours before the alleged incident and relied on a medical report describing a gunshot wound with slightly blackened edges, which he argued indicated firing from close range.
¶ 5–6The State opposed bail, citing the applicant’s criminal history.
¶ 702Issues
i.Whether the applicant had made out a case for bail in light of the prosecution allegations and the material on record.
¶ 8–9ii.Whether the medical report’s description of the wound, considered alongside the applicant’s submission that the shot was fired from close range, raised a prima facie question about the prosecution’s account of the incident.
¶ 803Law Applied
The alleged offences were under Sections 3 and 25 of the Arms Act and Section 109 of the Bharatiya Nyaya Sanhita, 2023.
¶ 2The Court applied a general, fact-specific assessment of the material and circumstances relevant to bail, including the nature of the injury and the competing accounts of how it occurred.
¶ 8Provisions in the judgment · 3 · Linked ones open on LawLens
Arms Act, 1959 Section 3Section 25
Bharatiya Nyaya Sanhita, 2023 Section 109
04Reasoning
The Court considered the medical report recording slightly blackened margins around the applicant’s wound together with his submission that the injury was sustained at close range, while the prosecution attributed it to police firing during the alleged encounter.
¶ 5–6, 8It concluded that this material raised a prima facie question about the manner in which the incident occurred and, having regard to the overall record, found that the applicant had made out a case for bail.
¶ 805Holding
The Court allowed the bail application and directed the applicant’s release on furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
¶ 9–10It clarified that its observations were confined to the bail application and did not express an opinion on the merits of the case; pending applications, if any, were disposed of.
¶ 11–12Original Court PDF
KRANTA NATHvsSTATE OF UTTARAKHAND
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
