Chandan Jaiswal v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS UKHC010070212026

2026:UHC:7367

UKHC010070212026 BA1/705/2026 Chandan Jaiswal --Applicant Versus State of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J.

Ms. Sadaf, Mr. Mohd. Safdar, learned counsel for the applicant.

¶2Mr. Pratiroop Pandey, learned AGA, for the State of Uttarakhand.

¶3The present applicant – Chandan Jaiswal S/o Late Ramsahay, is praying for bail in reference to FIR dated 27.02.2026 bearing FIR No.0070 of 2026, Police Station Kankhal, District Haridwar, lodged by the father of the deceased implicating the present applicant for the offence punishable under Section 108 of BNS, 2023 and in the FIR, it is alleged that the present applicant abet the deceased to commit suicide.

¶4It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated and in fact the victim have some matrimonial dispute with her husband, due to which she was living separately from her husband for last more than two years, but this aspect has not been investigated by the Investigating Agency while submitting the chargesheet, and only on the basis is the statement of the sister of the deceased, the present applicant is implicated and chargesheeted. She further submits that even on perusal of the statement of the sister of the deceased, there are no such ingredients of abetment to constitute the offence and the chargesheet has been filed in a very mechanical manner. Apart from this, she submits that the applicant is also a married person and there is no any question to harass the deceased and now in this particular case chargesheet has been filed and the trial has been commenced, and therefore, there is no need of further custodial interrogation and the applicant is languishing in jail since 28.02.2026 and has no criminal antecedents, therefore, the applicant be released on bail.

¶5On the other side, learned AGA have not disputed that the chargesheet has already been filed and the present applicant is languishing in jail since

28.02.2026 and has no criminal antecedents.

¶6After hearing the submissions of the learned counsel for the parties, and taking into consideration that the present applicant is languishing in jail since

28.02.2026 and the chargesheet is already filed and he has no criminal antecedents and even trial has been commenced and it has also been apprised by learned counsel for the parties that there is no substantial progress in the trial court proceedings, therefore, this Court is of the view that the applicant deserves for bail.

¶7Accordingly without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶8Let the applicant – "Chandan Jaiswal", be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned, subject to the following conditions:-

(a) After being released on bail the applicant shall join the Trial Court proceedings on each and every date without seeking any unnecessary adjournment.

(b) The applicant shall not tamper with the evidence or to threaten the witnesses acquainted with the facts of the case. On breach of any such conditions, the prosecution is directed to move an application for cancellation of bail.

(Rakesh Thapliyal, J.)

17.08.2026 Nitesh/