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2025 DAILYLAW 11846 (UTT)

SURESH CHANDRA v. STATE OF UTTARAKHAND

BA2/253/2025 · 2025-10-14

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:9166 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2/253/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Rajeev Bhatt, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA and Mr. Himanshu Sain, learned Brief Holder for the State. 3. This is the second bail application. First bail application was rejected by this Court on 21.02.2025. 4. The present applicant “Suresh Chandra, son of Ram Singh” is seeking regular bail in relation to First Information Report dated 29.11.2024 bearing FIR No. 377 of 2024, P.S. Khatima, District Udham Singh Nagar, wherein, the applicant has been implicated for the offence punishable under Section 118(1) and Section 351(2) of BNS, 2023. 5. Learned counsel for the applicant submits that the applicant is aged person of 70 years and is languishing in jail since 09.12.2024 and have no previous criminal history. He further submits that there are in total 12 prosecution witnesses and uptil date only three prosecution witnesses have been examined. 6. Apart from this, he submits that applicant is suffering from many health issues in support of which, certain medical documents have been enclosed by him as Annexure No. 2. 7. On the other side, learned A.G.A. Mr. V.S. Pal, have not disputed this fact that there are in total 12 prosecution witnesses and uptil date only three prosecution witnesses have been examined and the applicant have no previous criminal history and is languishing in jail since 09.12.2024. 8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the applicant is languishing in jail since 09.12.2024 and uptil date only three prosecution witnesses have been examined out of total 12 prosecution witnesses and the applicant have no previous criminal history, this court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the second bail 2025:UHC:9166 application is allowed. 10. Let the applicant “Suresh Chandra, son of Ram Singh” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 14.10.2025 SKS