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2025 DAILYLAW 13067 (UTT)

SHIVAM v. STATE OF UTTARAKHAND

BA2/316/2024 · 2025-05-22

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4301 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. 316 of 2024 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Goswami and Mr. Deepak Chandra, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Shivam S/o Shri Pratap Singh, is seeking bail in relation to first information report dated 13.12.2023 bearing FIR No. 0725 of 2023, Police Station Kotwali Gangnahar, District Haridwar, which was lodged against unknown person for the offences punishable under Section 307, 34 of IPC and Section 3/25 of Arms Act. 4. This is the second bail application and the first bail application i.e. BA1 No.1884 of 2024 was rejected on 04.10.2024 and now the second bail application has been moved on the ground that in the CCTV footages, three persons were seen, in which, two person were identified, namely, Bhavik Tomar and Hari Om but the third one was not identified, the copy of which is enclosed at Page 37 of the counter-affidavit. Apart from this, he submits that, as per the CCTV Footages, Bhavik Tomar is the main accused, who had been enlarged on bail on 10.01.2024. 5. He further submits that on 19.02.2025, PW-2 was examined and declared hostile. 6. On the other side, learned State counsel have not disputed this fact that the main accused has already been granted 2025:UHC:4301 bail, and, furthermore, the PW-2 has been declared hostile. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration the grounds as taken in the second bail application, this Court is of the view that the applicant deserves to be enlarged on bail. 8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 9. Let the applicant, namely, Shivam, 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. (Rakesh Thapliyal, J.) 22.05.2025 R.Bisht 2025:UHC:4301