2025:UHC:5339 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1734/2024 Hon’ble Alok Mahra, J. Mr. Prince Chauhan, learned legal aid counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. The applicant-Azad Rajbhar, who is in judicial custody in connection with F.I.R./Case Crime No. 644 of 2022, under Section 302 I.P.C. registered at Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, the F.I.R. has been lodged by the informant, Suraj Rajbhar, who is the son of the applicant. It is alleged that on 01.10.2022 at about 1:00 A.M., the applicant took his wife (mother of the informant) near a cow dung pit and drowned her until her body was completely submerged. The informant and his sibling were allegedly present and attempted to save their mother but could not do so. 6. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated. He argues that according to the informant's statement under Section 161 Cr.P.C., he and his sibling assaulted the applicant with a wooden rod, resulting in 15 injuries to the applicant. Despite this, it is claimed that the applicant still managed to overpower and drown the deceased, which seems improbable and unreliable. 7. It is further submitted that the applicant has been in custody since 02.10.2022 and has undergone incarceration for two years and eight months. It is also argued that only two witnesses have been examined so far, and neither is an eyewitness nor do they support the prosecution’s case. 8. Per contra, learned State Counsel would oppose the bail application by submitting that 2025:UHC:5339 certain items including clothes and slippers allegedly worn by the applicant at the time of the incident were recovered during investigation. The bail application filed before the trial court by the applicant has been dismissed vide order dated 21.05.2024. However, he would fairly concede that the applicant was arrested on 02.10.2022 by the police and since then he is languishing in jail. 9. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 10. Accordingly, the bail application is allowed. 11. Let the applicant Azad Rajbhar be released on bail in the aforesaid case on his executing a personal bond and furnishing two reliable sureties each in the like amount, to the satisfaction of the court concerned. (Alok Mahra, J.) 24.06.2025 Mamta 2025:UHC:5339