High Court · 2025

Mr. R.P. Naut iyal, Senior Advocat e, assist ed by Mr. Pavant Kum ar Nat h and Mr. Vinay Bisht , Advocat es for t he applicant . Mr. Tum ul K. Nainwal, A.G.A. for t he St at e of Ut t arakhand.

2. This first bail applicat ion has been m oved by t he applicant seeking regular bail in F.I .R./ Case Crim e No.0022 of 2025, under Sect ion 106( 1) , 125( a) and 281 of B.N.S. ( as per bail rej ect ion order dat ed 04.09.2025 under Sect ions 105, 125( a) , 125( b) and 281 of B.N.S.) , regist ered at Police St at ion Cham oli, Dist rict Cham oli.

3. The First I nform at ion Report was inst it ut ed at t he inst ance of t he inform ant , who is t he brot her of t he deceased, alleging t hat his elder brot her, nam ely Balw ant Singh, along w it h cert ain co- villagers, w as ret urning from Badrinat h t o t heir in a Bolero vehicle, bearing nat ive village regist rat ion num ber UK02- TA- 8116, which w as being driven by t he present applicant . I t is alleged t hat w hen t he said vehicle reached near t he bus st op adj acent t o Shiv Mandir, Baidubagad, t he applicant , w hile driving in a rash and negligent m anner, lost cont rol over t he vehicle, causing it t o overt urn. As a consequence, Balw ant Singh sust ained subsequent ly succum bed. On t he basis of t he said allegat ions, an F.I .R. cam e t o be regist ered under Sect ions 106( 1) , 125( a) , and 281 of t he Bharat iya Nyaya Sanhit a, 2023. Upon conclusion of invest igat ion, t he I nvest igat ing Officer subm it t ed a charge sheet against t he applicant under Sect ions 105, 125( a) , 125( b) , and 281 of t he Bharat iya Nyaya Sanhit a, 2023. t o which grievous inj uries, Learned Senior Counsel appearing on behalf 4. of t he applicant cont ends t hat t he applicant has been falsely im plicat ed in t he present case. I t is t he applicant bears a clean subm it t ed t o his ant ecedent , has no crim inal hist ory discredit , and has been languishing in j udicial for a considerable period. Learned cust ody t hat t hat t o be inference t he prem ise Counsel subm it s t hat t he charge init ially fram ed t he Bharat iya Nyaya under Sect ion 106 of Sanhit a, 2023, has been alt ered t o Sect ion 105 of t he said enact m ent on t he applicant was allegedly in an inebriat ed condit ion at t he t im e of t he occurrence. I t is argued t hat t he I nvest igat ing Officer m erely on t he basis of a m edical report not ing t he presence of alcoholic odour from t he applicant , upon which a challan cam e furt her filed against him . subm it t ed t hat , as per Sect ion 185 of t he Mot or Vehicles Act , 1988, t o est ablish an offence of drunken prosecut ion m ust t he dem onst rat e t hat t he concent rat ion of alcohol in t he blood w as not less t han 30 m g per 100 m l of blood. I n t he present case, neit her any blood sam ple of t he applicant w as collect ed nor any scient ific t est w as conduct ed t o ascert ain t he presence of alcohol. Learned Counsel t hus cont ends t hat t he allegat ion of drunken driving is w holly unfounded and wit hout evident iary basis. I t is last ly argued t hat t he m ishap in quest ion occurred due t o t he sudden burst ing of t he t yre, and not on account of any rashness or negligence at t ribut able t o t he applicant . driving, I t is Learned St at e Counsel vehem ent ly opposed

5. t he bail applicat ion. Considering t he subm ission of

6. learned counsel for t he part ies and wit hout expressing any opinion as t o t he final m erit s of t he case, t his Court is of t he view t hat applicant deserves bail at t his st age.

7. The bail applicat ion is allow ed.

8. Let t he applicant , nam ely, Am ar Singh be released on bail, on execut ing personal bond by each one of t hem and furnishing t wo reliable suret ies by each one of am ount , t o t he sat isfact ion of Court concerned. t hem , each of ( A l o k M a h r a , J.)

04.12.2025 Arpan

Mr. R.P. Naut iyal, Senior Advocat e, assist ed by Mr. Pavant Kum ar Nat h and Mr. Vinay Bisht , Advocat es for t he applicant . Mr. Tum ul K. Nainwal, A.G.A. for t he St at e of Ut t arakhand.

2. This first bail applicat ion has been m oved by t he applicant seeking regular bail in F.I .R./ Case Crim e No.0022 of 2025, under Sect ion 106( 1) , 125( a) and 281 of B.N.S. ( as per bail rej ect ion order dat ed 04.09.2025 under Sect ions 105, 125( a) , 125( b) and 281 of B.N.S.) , regist ered at Police St at ion Cham oli, Dist rict Cham oli.

3. The First I nform at ion Report was inst it ut ed at t he inst ance of t he inform ant , who is t he brot her of t he deceased, alleging t hat his elder brot her, nam ely Balw ant Singh, along w it h cert ain co- villagers, w as ret urning from Badrinat h t o t heir in a Bolero vehicle, bearing nat ive village regist rat ion num ber UK02- TA- 8116, which w as being driven by t he present applicant . I t is alleged t hat w hen t he said vehicle reached near t he bus st op adj acent t o Shiv Mandir, Baidubagad, t he applicant , w hile driving in a rash and negligent m anner, lost cont rol over t he vehicle, causing it t o overt urn. As a consequence, Balw ant Singh sust ained subsequent ly succum bed. On t he basis of t he said allegat ions, an F.I .R. cam e t o be regist ered under Sect ions 106( 1) , 125( a) , and 281 of t he Bharat iya Nyaya Sanhit a, 2023. Upon conclusion of invest igat ion, t he I nvest igat ing Officer subm it t ed a charge sheet against t he applicant under Sect ions 105, 125( a) , 125( b) , and 281 of t he Bharat iya Nyaya Sanhit a, 2023. t o which grievous inj uries, Learned Senior Counsel appearing on behalf 4. of t he applicant cont ends t hat t he applicant has been falsely im plicat ed in t he present case. I t is t he applicant bears a clean subm it t ed t o his ant ecedent , has no crim inal hist ory discredit , and has been languishing in j udicial for a considerable period. Learned cust ody t hat t hat t o be inference t he prem ise Counsel subm it s t hat t he charge init ially fram ed t he Bharat iya Nyaya under Sect ion 106 of Sanhit a, 2023, has been alt ered t o Sect ion 105 of t he said enact m ent on t he applicant was allegedly in an inebriat ed condit ion at t he t im e of t he occurrence. I t is argued t hat t he I nvest igat ing Officer m erely on t he basis of a m edical report not ing t he presence of alcoholic odour from t he applicant , upon which a challan cam e furt her filed against him . subm it t ed t hat , as per Sect ion 185 of t he Mot or Vehicles Act , 1988, t o est ablish an offence of drunken prosecut ion m ust t he dem onst rat e t hat t he concent rat ion of alcohol in t he blood w as not less t han 30 m g per 100 m l of blood. I n t he present case, neit her any blood sam ple of t he applicant w as collect ed nor any scient ific t est w as conduct ed t o ascert ain t he presence of alcohol. Learned Counsel t hus cont ends t hat t he allegat ion of drunken driving is w holly unfounded and wit hout evident iary basis. I t is last ly argued t hat t he m ishap in quest ion occurred due t o t he sudden burst ing of t he t yre, and not on account of any rashness or negligence at t ribut able t o t he applicant . driving, I t is Learned St at e Counsel vehem ent ly opposed

5. t he bail applicat ion. Considering t he subm ission of

6. learned counsel for t he part ies and wit hout expressing any opinion as t o t he final m erit s of t he case, t his Court is of t he view t hat applicant deserves bail at t his st age.

7. The bail applicat ion is allow ed.

8. Let t he applicant , nam ely, Am ar Singh be released on bail, on execut ing personal bond by each one of t hem and furnishing t wo reliable suret ies by each one of am ount , t o t he sat isfact ion of Court concerned. t hem , each of ( A l o k M a h r a , J.)

04.12.2025 Arpan