Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Bail Application No.304 of 2024
Arjun
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Ms. Gurbani Singh, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in Charge-sheet No. 01 of 2021, under Section 302, 307, 504, 506 and 34 IPC arising out of FIR/Case Crime No. 826 of 2020, under Section 147, 148, 149, 302, 307, 341, 504 & 506 IPC, Police Station Laksar, District Haridwar. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
This second bail application of the applicant. His first bail application was rejected on 13.01.2023.
4.
Learned counsel for the applicant would submit that the applicant was arrested on 28.12.2020. Till date, out of 33 witnesses, only seven witnesses have been examined. There is no chance of trial concluding in the near future.
5.
The factual aspects with regard to the date of detention and number of witnesses that have been examined have not disputed by the learned State counsel. But she would submit that all the witnesses have supported the prosecution case.
2
6.
Delay is one of the reasons for considering bail. Generally bail is denied until the witnesses are examined. But, here is the case which pertains to 28.12.2020. Since then, out of 33 witnesses, only seven witnesses have been examined.
7.
Having considered the nature of offence and the delay caused in the matter, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
8.
The bail application is allowed.
9.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
(Ravindra Maithani, J) 26.03.2025 Jitendra