Authority: Uttarakhand High Court (Hon'ble Alok Mahra, J.)
Order Date: 16 October 2026
Case Overview
- Applicants: Harvind Alias Harvinder Kumar and Deepak Kumar (petitioners) vs State of Uttarakhand (respondent).
- Bail applications filed as BA1/1396/2026 and BA1 No.1546 of 2026.
- FIR/Case Crime No.684 of 2026 registered at Kotwali Laksar Police Station, Haridwar District, under Sections 109(1), 190, 191(2), 191(3), 115(2), 324(4), 351(3) & 352 of the Uttarakhand Mining and Minerals (B.N.S.) Act, 2023.
- FIR lodged by an employee of K.R.B.M.L.L.P.; alleges that while the company's flying squad was checking illegal mining, two tractors carrying illegally mined R.B.M. were seized, later applicants allegedly threatened the complainant and other company officials, and on a subsequent incident arrived armed with lathis, sticks and iron rods, causing injuries to the complainant and personnel.
- Applicants have been in judicial custody since 22 July 2026.
- Counsel for applicants: Mr. Raj Kumar Singh, Mr. Birendra Singh Adhikari, Mr. Tushar Chauhan (holding brief of Mr. Aditya Singh). State counsel: Mr. Prabhat Kandpal, A.G.A. for Uttarakhand; complainant counsel also opposed bail, citing dash‑cam footage.
- Court noted seriousness of allegations, presence of dash‑cam evidence, absence of independent witnesses, and duration of detention, but held that further incarceration was not warranted at this stage.
Final Outcome
- Bail applications allowed.
- Applicants to be released on personal bond, each furnishing two reliable sureties of equal amount, satisfactory to the court.
Topics: Bail, Criminal Law