Uttarakhand High CourtCriminal LawCriminal Procedure and Evidence

Uttarakhand HC Grants Bail To Man In Alleged Surety Racket, Noting His Mobile Number On Co-Accused’s Aadhaar Was Main Link

SARFRAJv.STATE OF UTTARAKHAND

Uttarakhand HC Grants Bail To Man In Alleged Surety Racket, Noting His Mobile Number On Co-Accused’s Aadhaar Was Main Link. SARFRAJ vs STATE OF UTTARAKHAND. Uttarakhand High Court. LawLens
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In brief

The question

1. Whether the applicant had made out a case for bail where he was not named in the FIR and the principal alleged link was his mobile number appearing on a co-accused’s Aadhaar card.

The court held

The Court allowed the bail application.

It also directed

The Court directed that the applicant be released on furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

01Facts

The applicant sought bail in a case registered under Sections 229(1), 318(4), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging a racket involving forged documents used to furnish sureties.

¶ 3

The applicant was not named in the FIR; the alleged link to the offence was that his mobile number appeared on an Aadhaar card used by co-accused Satish.

¶ 5–10

The applicant denied involvement, and the State did not dispute that this was the primary basis for implicating him.

¶ 5–10

He had been in judicial custody since 26 March 2026.

¶ 5–10

02Issues

i.1. Whether the applicant had made out a case for bail where he was not named in the FIR and the principal alleged link was his mobile number appearing on a co-accused’s Aadhaar card.

¶ 10

ii.2. Whether the applicant should be released on bail having regard to the allegations and the circumstances of the case.

¶ 8–10

03Law Applied

The alleged offences were under Sections 229(1), 318(4), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶ 3

The Court applied its discretion to assess the bail application in light of the nature of the allegations and the material linking the applicant to the offence.

¶ 10–12

It cited no specific bail provision or precedent.

¶ 10–12

Provisions in the judgment · 5 · Linked ones open on LawLens

Bharatiya Nyaya Sanhita, 2023 Section 229Section 318Section 338Section 340Section 3

04Reasoning

The Court noted that the applicant was not named in the FIR and that the prosecution primarily relied on his mobile number appearing on the Aadhaar card used by Satish.

¶ 10

There was no specific allegation that the applicant forged a document or furnished a false surety.

¶ 10

Considering the nature of the allegations, the Court found that the applicant had made out a case for bail, without expressing any opinion on the merits.

¶ 10

05Holding

The Court allowed the bail application.

¶ 11–12

The Court directed that the applicant be released on furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

¶ 11–12
Uttarakhand High Court

Original Court PDF

SARFRAJvsSTATE OF UTTARAKHAND

Uttarakhand High Court · November 03, 2026

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