Rachit Kumar v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures UKHC010093232026

2026:UHC:7177

COURT'S OR JUDGE'S ORDERS

BA2/76/2026 Rachit Kumar --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Rakesh Thapliyal, J.

Mr. B.S. Koranga, learned counsel holding brief of Mr. Vikas Kumar Guglani, learned counsel for the applicant.

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

¶3Present applicant Rachit Kumar S/o Shri Raja Ram is praying for bail in reference to first information report dated 17.11.2025 bearing FIR No.0379 of 2025, P.S. Kiccha, District Udham Singh Nagar lodged by one Prem Kumar implicating six persons, namely, Pappu, Arjun, Karan, Raja, Rachit and Nirmala for the offences punishable under Section 115(2), 191(2), 351(2) and 352 of BNS, 2023.

¶4It is a second bail application. First bail application was rejected by the Coordinate Bench on 07.05.2026. Now the instant second bail application is moved primarily on the ground that all the other co-accused have been enlarged on bail by the trial court on

08.06.2026 after rejection of the first bail application.

¶5It is also pointed out on completion of investigation, in total, five persons have been charge sheeted including the present applicant for the offences punishable under Sections 109, 115(2), 191(2), 351(2) and 352 of BNS, 2023.

¶6Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated and infact it is a case of fight in between two group of villagers and some of the persons were injured from the side of the applicant also and a complaint was also filed though the learned Magistrate reject the same. He further submits that present applicant is languishing in jail since 19.02.2026 and have no previous criminal antecedents and the charge sheet has already been filed and hence there is no need of further custodial interrogation.

¶7On the other side, Mr. Pratiroop Pandey, learned AGA have not disputed that other co-accused have been enlarged on bail by the trial court on 08.06.2026 that too after rejection of the first bail application of the present applicant and in the present case also the charge sheet has been filed and the applicant have previous criminal antecedents.

¶8After considering the submissions of learned counsel for the parties and taking into consideration that charge sheet has already been filed and other co-accused have been enlarged on bail, this Court is of the view that applicant is also entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merit of the case, the instant second bail application is allowed.

¶10Let the present applicant-Rachit Kumar be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned on the following conditions: "i. Applicant shall join the trial court proceeding on each and every date without seeking any unnecessary adjournment. ii. The applicant shall not indulge in any criminal activities and will not make any attempt to temper with the evidence.

(Rakesh Thapliyal, J.)

12.08.2026 Arti