Uttarakhand HC Grants Bail To Man Not Named In FIR In Case Over Fatal Assault During Matrimonial Dispute

The applicant, Sumit Kumar, sought bail while in judicial custody in connection with FIR No. 25 of 2026, registered at Police Station Dineshpur, Udham Singh Nagar, for alleged offences under Sections 103(1), 109(1), 191(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case concerned an altercation at the complainant’s house arising from a matrimonial dispute; the complainant’s mother sustained injuries and later died.

The applicant argued that he was not named in the FIR, was unarmed, did not assault anyone, and had accompanied co-accused Aman Saha believing he was going to help resolve the dispute.

He had been in custody since 18 February 2026.

The State opposed bail.

The alleged offences were under Sections 103(1), 109(1), 191(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The Court applied the general bail considerations it identified: the facts and circumstances of the case, nature of the allegations, role attributed to the applicant, period of incarceration and other relevant factors governing bail.

The judgment cites no precedent or more specific statutory test.

The Court considered that the applicant was not named in the FIR and treated as relevant his contention that he had neither participated in the assault nor carried a weapon.

It also noted that CCTV footage might clarify his role in the incident.

Weighing these matters with the nature of the allegations and the period of custody, the Court found that the applicant had made out a case for bail.

It 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.