Extracted from the PDF above. The PDF is authoritative.
No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 1651 of 2025 Hon’ble Alok Mahra, J.
Mr. D.K. Sharma, learned Senior Counsel, assisted by Mr. Abhishek Joshi,
learned counsel for the applicant.
2. Mr. Siddhartha Bisht, learned A.G.A. for the State.
3. The applicant – Deepa Devi, who is in judicial custody in connection with Case Crime/FIR No. 0285 of 2025, under Section 109 of BNS, registered at P.S.- Haldwani, District Nainital, has sought her release on bail.
4. Heard learned counsel for the parties and perused the records.
5. In this case, FIR was lodged by Hema Devi, wherein, she has alleged that in the evening of 22.08.2025, she alongwith Mohini Devi and the injured were going from their houses to collect milk and thereupon some altercation took place between the applicant and the injured, as a result of which, the applicant stabbed the injured three-four times with a knife.
6. Learned Senior Counsel for the applicant would submit that the applicant and the injured reside in the same locality and they are neighbours. Learned Senior Counsel further submits that some scuffle took place between them on some trivial issue and in the heat of moment, the applicant hit the injured with a knife, which caused a puncture wound in the abdomen of the injured size of which is 1.5 c.m. X 1
c.m. X 3.5 c.m. Learned Senior Counsel has also submitted that the injured was admitted in Sushila Tiwari Hospital, Haldwani on 22.08.2025 and only after two days, family of the injured took her from the hospital. On this basis, learned Senior Counsel has submitted that injury was not grievous.
7. Per contra, learned State Counsel vehemently opposed the bail application and would submit that the injury is caused by a sharp-edged weapon and would have been fatal if it was penetrated a little deeper.
8. Having considered the submissions of
learned counsel for the parties and also considering the fact that applicant and injured both are housewives; applicant has no previous criminal history; both are neighbours and the incident happened only due to some altercation which took place between them on some trivial issue, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
9. Accordingly, the present bail application is allowed.
10. Let the applicant be released on bail on her executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned.
(Alok Mahra J.)
24.09.2025 Ujjwal