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2025 DAILYLAW 13099 (UTT)

ILYAS v. STATE OF UTTARAKHAND

BA1/2291/2024 · 2025-02-17

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 2291 of 2024 Ilyas ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Shariq Khurshid, Advocate for the applicant. Mr. Pankaj Joshi, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant Ilyas is in judicial custody in FIR No. 383 of 2024, under Section 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kashipur, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. The deceased along with some of his friends had gone for outing. He was found dead near a pond. The FIR records that the pond was maintained by the applicant and he had put a live electric wire around it for safety. The deceased came in touch to it and died. 4. Learned counsel for the applicant would submit that the applicant did not put electric wire near the pond; he had not connected it to electricity; the applicant has no role in it. 2 5. Learned State Counsel would submit that the applicant has confessed his guilt; witnesses have also stated so. 6. The Court wanted to know from the learned State Counsel as to from which point the electricity was run in the wire? How could it be said that it is the applicant, who had laid the live electric wire near the pond? Learned State Counsel would submit that there is no such averments in the counter affidavit on these aspects. 7. Having considered, 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) 17.02.2025 Avneet/