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2025 DAILYLAW 13213 (UTT)

MAHENDRA SINGH v. STATE OF UTTARAKHAND

BA1/2329/2024 · 2025-05-07

Alok Mahra

body2025

Judgment text

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2025:UHC:3588 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/2329/2024 Hon’ble Alok Mahra, J. Mr. Vishwa Prakash Bahuguna, learned counsel for the applicant. 2. Mr. S. S. Chauhan, learned Deputy Advocate General, assisted by Mr. Vikas Uniyal, Brief Holder, for the State. 3. Applicant- Mahendra Singh, who is in judicial custody in connection with FIR No. 0017 of 2024, under Sections 302 IPC and Sections 3(2) (V) of the SC/ST Act, registered at Police Station Tharali, District Chamoli, has sought his release on bail. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the applicant submits that the applicant has been fasten only on the basis of circumstantial evidence of last seen with the deceased; there is contradiction in the complaint and the statement recorded under Section 161 Cr.P.C. of the complainant. Learned counsel further submitted that as per the statement of the complainant under Section 161 Cr.P.C., there was no enmity of the deceased with the applicant and the deceased and the applicant were having friendly relationship; there is no previous criminal history of the applicant and he is 2025:UHC:3588 languishing in jail since 10.05.2024. 6. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. 7. Accordingly the bail application is allowed. 8. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 07.05.2025 Kaushal