Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 12636 (UTT)

AKSHYA RAUT v. STATE OF UTTARAKHAND

BA2/295/2024 · 2025-10-07

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No. 295 of 2024 Hon’ble Manoj Kumar Tiwari, J. Mr. C.K. Sharma, Advocate for the applicant. 2. Mr. Dinesh Chauhan, Assistant Government Advocate for the State of Uttarakhand. 3. This is the second bail application moved on behalf of the accused–applicant in connection with Case Crime No. 256 of 2017, under Sections 370, 420, 120B and 342 IPC, registered in Police Station Doiwala, District Dehradun. The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 02.08.2024. 4. Reading of the FIR reveals that on 11.09.2017, the complainant/In-charge Inspector, Police Station Doiwala, Dehradun, based on information, intercepted a Toyota Innova car bearing registration no. UK08TA- 5519 while it was going from Dehradun to Delhi. The said vehicle was carrying total five persons, including two women and driver. Two of them, namely Shaikh Musharraf and Krishna Das informed the police team that their Kidney has been removed without their consent and in violation of medical and legal norms. Police team was also informed that the said racket is being operated in a coordinated manner from Gangotri Charitable Hospital, Dehradun. The victims also disclosed name of doctors, including the present applicant, who are involved in this racket. 5. Learned counsel for the applicant submits that all the victims, whose kidney was allegedly removed, have turned hostile. The co-accused Arun Pandey, Rajeev Chaudhary and Jeevan Kumar Raut have been granted bail by a Coordinate Bench; while, other co-accused have also been enlarged on bail by the Trial Court. He submits that there are total 63 witnesses out of which only 18 has been examined so far and the trial is not likely to be concluded in the near future. Learned counsel for the applicant further submits that the applicant is in jail continuously since 18.11.2021 and he is not a flight risk and he has deep roots in the society. He further submits that applicant will appear before the Trial Court on each and every date fixed in the matter. 6. Learned State Counsel, however, submits that as per statement of the P.W. 7 (Dr. Manoj Kumar Sharma), who examined the victims, deposed before the Trial Court that kidney of Krishna Das and Sheikh Taj are removed. Learned State Counsel further submits that the victims appear to have been won over by the applicant. 7. Considering the rival submissions and facts and circumstances of the case and without expressing any opinion on to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 8. Accordingly, second bail application is allowed. Let the applicant-Akshya Raut be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned, subject to following conditions: (i) Applicant shall furnish his mobile number and correct address to the SHO, Police Station Doiwala and shall keep the same updated. He shall also mark his presence in the said police station once in every month. (ii) Applicant shall appear before the Trial Court on each and every date fixed, unless exempted by the Court concerned. (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. (iv) Applicant shall surrender his passport before Trial Court, if he has one. In case, he does not have passport, he shall file an affidavit to that effect (v) In case the applicant defaults in appearance without sufficient cause on any future date, the Trial Court shall be at liberty to take coercive measures, including cancellation of bail. (Manoj Kumar Tiwari, J.) 07.10.2025 Navin