2025:UHC:2167 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 2300 of 2023 Hon’ble Rakesh Thapliyal, J. 1. Mr. Vikas Anand, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Ashish Tiwari @ Ankit Tiwari’ in the present bail application is praying for regular bail in relation to First Information Report dated 17.02.2022 registered as FIR No. 0030 of 2022, P.S. Pulbhatta, District Udham Singh Nagar, wherein, the present applicant has been implicated for the offences punishable under Sections 302, 201, 34 and 120B of IPC. 4. Learned counsel for the applicant submits that the applicant was not named in the FIR and the FIR was lodged against the unknown persons, however, during investigation the wife of the deceased was arrested and she disclosed the name of the present applicant and other co-accused Amit Agnihotri. 5. Learned counsel for the applicant submits that except this there is no direct evidence and whatever the evidence has been collected by the prosecution while submitting the chargesheet is based upon a circumstantial evidence. 6. Apart from this, he submits that the applicant is languishing in jail since last more than 3 years and the trial is going on and there are in total 30 witnesses and uptill date only 7 witnesses have been examined and therefore, there is no any possibility that the trial be expedited soon, therefore, be granted bail. 7. Apart from this, he also submits that during trial the PW1 and PW2, who in fact as per the prosecution witnesses are the material witnesses have denied the prosecution case. 8. Apart from this, he submits that the co- accused, the wife of the deceased, was already 2025:UHC:2167 enlarged on bail and therefore, claims parity. 9. On the other side, learned A.G.A. Mr. Siddhartha Bisht submits that no doubt first time the name of the applicant and the other co-accused Amit Agnihotri were disclosed by the wife of the deceased, but thereafter on the pointing out of both the accused Amit Agnihotri and Ashish Tiwari @ Ankit Tiwari the weapon, which was used in the crime were also recovered. 10. Apart from this, he submits that on close scrutiny of the statement and the other co-accused the wife of the deceased it reveals that there are strong motive and intention of the present applicant. 11. After hearing the arguments of learned counsel of the parties and after gone through the records, this court is of the view that the applicant does not deserve for bail. Accordingly, without expressing any opinion on the merit of the case, the bail application is rejected. 12. Since, the trial is pending since 2022, therefore, the Trial Court is directed to expedite the trial as early as possible within a period of six months from today. (Rakesh Thapliyal, J.) 25.03.2025 PR 2025:UHC:2167