Uttarakhand High Court
Vikash Tomar vs State Of Uttarakhand And Others on 14 July, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
14TH JULY, 2025
ANTICIPATORY BAIL APPLICATION NO.790 OF 2025
Vikash Tomar ..... Applicant
Versus
State of Uttarakhand and Others .....Respondents
Counsel for the Applicant : Smt. Pushpa Joshi, Senior
Advocate assisted by Mr. Akhil
Kumar Sah, Advocate with Mr.
Ayush Agrawal, Advocate
Counsel for the Respondents : Mr. Tumul Nainwal, Assistant
Government Advocate
assisted by Mr. Chitrarth
Kandpal, Brief Holder
Hon'ble Alok Kumar Verma,J.
This Application has been filed by the applicant-
Vikash Tomar seeking anticipatory bail in case First
Information Report No.28 of 2025, registered at Police
Station Sonprayag, District Rudraprayag under Section 105
of the Bharatiya Nyaya Sanhita, 2023 and Section 10 of the
Aircraft Act, 1934.
2. According to the First Information Report dated
15.06.2025, a Helicopter of Aryan Aviation Pvt. Ltd. got
crashed near Gaurikund, District Rudrapyag. Seven persons
on board including pilot lost their lives. The applicant was
the manager of M/s Aryan Aviation Pvt. Ltd. The weather
was foggy at the time of the accident. The Standard
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Operating Procedure (SOP) of DGCA and UCADA were not
complied with by the applicant due to which the said
accident occurred.
3. Heard Smt. Pushpa Joshi, learned Senior Advocate
appearing for the applicant and Mr. Tumul Nainwal, learned
Assistant Government Advocate for the respondent.
4. Smt. Pushpa Joshi, Senior Advocate contended
that no provision of any SOP was violated. On the fateful
day, it was very good visibility as per the monitoring tower
established at Valley Entry Point, Base Camp Kedarnath,
Rudra point and Kedarnath Helipad. The timing of the take
off of the Helicopter was perfect as per the direction of
UCADA. There is no allegation, what was the specific act of
the applicant, which constitutes an offence. The Aircraft Act,
1934 has already been repealed by “The Bharatiya Vayuyan
Adhiniyam, 2024 (in short, “Act, 2024”). The First
Information Report cannot be registered under the Act, 2024
because a complaint can be made by an authorized officer
alone under the said Special Act i.e. the Act, 2024. Applicant
is the manager and a permanent resident of District
Ghaziabad, therefore, there is no likelihood of his
absconding. He has no criminal antecedents.
5. Mr. Tumul Nainwal, A.G.A. has sought three
weeks’ time to file objection to the anticipatory bail
application.
6. Time is granted.
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7. Having heard the learned counsel for the parties
and in the facts and circumstances of the case, as an ad-
interim measure, it is directed that in the event of arrest of
the applicant-Vikash Tomar, he shall be released on interim
bail on executing a personal bond of Rs.30,000/- and two
reliable sureties, each of the like amount, to the satisfaction
of the Investigating Officer/Arresting Officer, subject to the
following conditions:-
(i) Applicant shall cooperate with the Investigating
Agency and he shall make himself available for
interrogation by a police officer as and when
required;
(ii) Applicant shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of this case.
(iii) Applicant shall not leave the country without the
previous permission of this Court.
8. List on 13.08.2025 for hearing on the anticipatory
bail application.
___________________
ALOK KUMAR VERMA, J.
Date:14.07.2025
JKJ/Pant