Dehradun Court Grants Bail to Accused in Homicide Case, Reiterates Principles of Fair Investigation and Personal Liberty

A Sessions Court in Dehradun has granted regular bail to an accused in a homicide case registered under the Bharatiya Nyaya Sanhita (BNS), observing that the merits of the prosecution case would be examined during trial and that the circumstances justified the grant of bail subject to appropriate conditions.

The bail was granted to Ankit Bhardwaj in Bail Application No. 722 of 2026, arising out of FIR No. 55 of 2026 registered at Police Station Premnagar, Dehradun, under Sections 103(1), 191(2), 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The order was passed by the Sessions Judge, Dehradun on 15 July 2026.

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The case relates to an incident that resulted in the death of Divyanshu Jatrana.

During the bail proceedings, the defence argued that the investigation had primarily focused on those already arrested and had not sufficiently explored the role of other individuals allegedly present at the scene. It was also contended that the FIR contained broad allegations against multiple persons, making it necessary to carefully assess the specific role attributed to each accused.

The defence did not seek a determination of disputed facts at the bail stage. Instead, it relied on settled principles governing the grant of bail, submitting that the investigation had been completed, the charge sheet had already been filed, custodial interrogation was no longer required, and continued detention could not be justified solely because of the seriousness of the allegations.

It was further argued that criminal law is founded on the presumption of innocence until guilt is established through due process, and that bail proceedings are intended to balance the interests of justice with the constitutional guarantee of personal liberty rather than determine guilt.

After considering the material placed on record, the Court granted regular bail, clarifying that it was not expressing any opinion on the merits of the prosecution case and that the observations made in the order would not affect the trial.

The order highlights a well-established principle of Indian criminal jurisprudence that while serious offences require a thorough and effective investigation, pre-trial detention should not become punitive where the investigation has been completed and the requirements for continued custody no longer exist. The trial will now proceed in accordance with law, where the evidence against the accused will be examined on its own merits.

Clarvis Legal LLP represented the applicant Ankit Bhardwaj.