Uttarakhand High Court
Harshdeep Malik vs State Of Uttarakhand on 21 August, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.609 of 2025
Harshdeep Malik .............Applicant
Versus
State of Uttarakhand ........Respondent
Present:-
Ms. Prabha Naithani, Advocate for the applicant.
Ms. Manisha Rana Singh, Deputy Advocate General for the State.
Mr. Suresh Chandra Bhatt, Advocate for the informant.
Hon'ble Ravindra Maithani, J. (Oral)
The applicant is in judicial custody in FIR/Case Crime
No.47 of 2023, dated 06.02.2023, under Sections 302, 307, 34 IPC,
Police Station Kankhal, District Haridwar. He has sought his
release on bail.
2. Heard learned counsel for the parties and perused the
record.
3. According to the FIR, on 05.02.2023, at about 09:30
PM, the applicant along with the co-accused had a fight with
Amardeep Chaudhary and others. FIR records that the co-accused
Rajkumar fired a shot on Amardeep Chaudhary on his head and he
also shot fire at Badal Chaudhary, but somehow he could escape.
There are averments with regard to fire at Sonu Rathi also.
4. Learned counsel for the applicant would submit that
the co-accused Raj Kumar Malik, who has been assigned the role of
killing Amardeep Chaudhary in the FIR has already been granted
bail; it is a case of parity. She submits that there is multiple
contradictions on material points in the statements of the witnesses
2
when examined in the trial; the witnesses of facts have already
been examined.
5. Learned State Counsel would submit that PW2 Harsh
Chaudhary has assigned the role of firing on the applicant and
according to him, it is the applicant, who killed the deceased
Amardeep Chaudhary. It is submitted that the presence of the
applicant at the place of incident is not doubted; all the witnesses
have stated so; CCTV footages also shows that the applicant has
indiscriminately fired at the place of incident.
6. Learned counsel for the informant would submit that
the applicant has been assigned the role of killing of Amardeep
Chaudhary by PW2 Harsh Chaudhary; the co-accused Raj Kumar
Malik has caught hold of deceased Amardeep Chaudhary and it is
the applicant and his brother, who fired and killed Amardeep
Chaudhary. He submits that, in fact, the conduct of the applicant
is such, which denies bail, they have levelled allegations against the
trial court as well as against the High Court in the transfer
applications, which they have filed in the Hon’ble Supreme Court;
they are permanent residents of Meerut. Hence, it is argued that it
is not a case fit for bail.
7. It is the stage of bail. Much of the discussion at this
stage is to be avoided. To the extent of appreciating the controversy
the matter may be examined with the caveat that any observation
made at this stage shall have no bearing at any subsequent stage of
the case.
3
8. In the FIR, the role of firing on the head of the deceased
Amardeep Chaudhary has been assigned to Raj Kumar Malik, but
Raj Kumar Malik has already been granted bail. PW1 Sonu Rathi,
according to the prosecution, is an eye-witness. In his examination-
in-chief on 31.07.2023, in para 2, he assigns role to the applicant
and the co-accused, but in his opening line of statement of October,
2023, he speaks something different.
9. PW2 Harsh Chaudhary is not named in the FIR. FIR is
categorical, as to who were present and how PW3 Badal Chaudhary
was called by the applicant? Admittedly, PW3 Badal Chaudhary has
not assigned any role to the applicant.
10. Having considered, this Court is of the view that it is a
case fit for bail and the applicant deserves to be enlarged on bail.
11. The bail application is allowed.
12. Let the applicant 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.
(Ravindra Maithani, J.)
21.08.2025
Sanjay
SANJAY
Digitally signed by SANJAY KANOJIA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=e50e50b49596520698eff87e0a08bbd50
4686df4d1afc60f54a287831dec46fe,
KANOJIA
postalCode=263001, st=UTTARAKHAND,
serialNumber=26EEB7122ED0DD23233A255DD8
EC450A84B515A087CAEFD1B3179A7DEAE40699,
cn=SANJAY KANOJIA
Date: 2025.08.21 17:45:18 +05’30’