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2023 DAILYLAW 756 (UTT)

SAMEER v. STATE OF UTTARAKHAND

BA1/420/2026 · 2026-05-12

Ashish Naithani

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 No. 4 20 of 20 26 Sameer Vs. State of Uttarakhand Hon ’ble Ash ish Nait h an i, J. Mr. Rajat Mittal, learned counsel for the Applicant. 2. Mr. Chitrarth Kandpal, learned Brief Holder, for the State of Uttarakhand. 3. In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant, who has been accused in Case Crime No.301/2025, under Sections 69, 351(2), 351(3), 352 of BNS, 2023, Police Station – Vikasnagar, District -Dehradun. 4. Heard learned counsel for the Applicant and learned Brief Holder for the State. Perused the record. 5. Learned counsel representing the Applicant submits for the consideration of bail that the Applicant is innocent and has been falsely implicated in the present case. It is further submitted that the alleged recovery shown by the prosecution is false and fabricated. 6. Learned counsel further submits that the Applicant is languishing in jail since 03.11.2025 and that the Applicant has no previous criminal history. It is also argued that the Applicant undertakes to co-operate with the trial proceedings and shall not misuse the liberty of bail, if granted. 7. Per contra, the bail application has been vehemently opposed by the learned State Counsel on the ground that the Applicant has previous criminal history and considering the gravity of the allegations, the Applicant does not deserve bail from this Court. 8. Having heard learned counsel for the parties and considering the overall facts and circumstances of the case, the nature of accusations, the period of incarceration undergone by the Applicant, and without expressing any opinion on the merits of the case, this Court is of the view that the Applicant has made out a fit case for grant of bail. 9. Accordingly, the bail application is allowed. 10. Accordingly, bail application is allowed. It is directed that the Applicant, under Case Crime No.301/2025, under Sections 69, 351(2), 351(3), 352 of BNS, 2023, Police Station – Vikasnagar, District –Dehradun, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him. ( Ash ish Nait h an i, J.) 12.05.2026 Anand