Uttarakhand HC Grants Bail To Man Named During Probe Into Village Gunshot Threat, Noting No Specific Role Or Weapon Recovery

The applicant sought regular bail in connection with FIR/Case Crime No. 0187 of 2026, registered at Police Station Khatima, District Udham Singh Nagar, under Sections 109(1), 351(3), 352, 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25 of the Arms Act

The FIR was lodged against unknown persons. The prosecution alleged that two persons arrived in a black Scorpio with its number plate obscured, one fired a shot into the air and threatened the complainant, and both fled when villagers approached; the applicant was named during investigation

The applicant, in custody since 9 July 2026, argued that no firearm or empty cartridge had been recovered, no specific role was attributed to him, and co-accused with similar roles had been granted bail.

The State opposed bail, referring to an alleged gathering of 10–15 persons at a hotel, the applicant’s criminal history and the ongoing investigation, while acknowledging that similarly situated co-accused had been granted bail

The application concerned the offences alleged under Sections 109(1), 351(3), 352, 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25 of the Arms Act

The Court applied its discretion to assess bail on the overall facts and circumstances, including the nature of the allegations and the material available on record.

The Court noted that the FIR named unknown persons and that the applicant’s name emerged during the investigation.

It treated the asserted absence of a firearm and empty-cartridge recovery, and the absence of a specific role attributed to the applicant, as relevant considerations at the bail stage.

The Court also acknowledged the prosecution’s allegations of a group gathering and the applicant’s criminal history, as well as the grant of bail to co-accused with similar roles.

Considering the overall circumstances and the material then available, it found that the applicant had made out a case for bail.

The Court allowed the bail application and directed that Tarun Singh Lakha alias Lakkha be released on executing a personal bond and furnishing two reliable sureties of like amount to the satisfaction of the court concerned.