Uttarakhand HC Grants Bail To Marriage Mediator In Shooting Case, Citing No Specific Firing Role And Simple Injuries

The applicant sought bail in connection with FIR No. 304 of 2026, registered at Police Station Bazpur, District Udham Singh Nagar, for alleged offences under Sections 109(1), 115(2), 351(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The prosecution alleged that, following a dispute over the informant’s wife, the applicant and four co-accused went to the informant’s home, assaulted him and opened fire, injuring Rishipal.

The applicant argued that no specific role in the assault or firing was attributed to him, that the injuries were simple, and that he had no criminal antecedents and was not a flight risk.

He had been in judicial custody since 27 August 2026; the State did not dispute the custody period or the simple nature of the injuries.

The application arose from alleged offences under Sections 109(1), 115(2), 351(3), 352 and 3(5) of the BNS.

The judgment does not cite a particular bail provision, precedent, or detailed legal test. It assesses bail on the case-specific circumstances, including the applicant’s alleged role, the nature of the injuries, and the circumstances of his custody.

The Court noted that although the applicant was named in the FIR, no specific allegation that he fired a weapon or caused firearm injuries was attributed to him; the firearm allegations were primarily directed at the co-accused.

The Court also considered that the injuries were simple. On those circumstances, it found that the applicant had made out a case for bail.

Bail was subject to conditions, including non-interference with witnesses or evidence, cooperation with the investigation and trial, regular appearance unless exempted, not leaving India without permission, and providing current contact and residential details.

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