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2025 DAILYLAW 13323 (UTT)

MALKIT SINGH v. STATE OF UTTARAKHAND

BA1/2372/2024 · 2025-07-25

Alok Mahra

body2025

Judgment text

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2025:UHC:6569 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 25.07.2025 BA1/2372/2024 Hon’ble Alok Mahra, J. Mr. M.K. Ray, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. Applicant- Malkit Singh, who is in judicial custody in connection with FIR/Case Crime No. 428 of 2024, under Sections 123, 303(3), 317(2), 318(4), 338, 336(3), 340(2), 3(5) of B.N.S., registered at Police Station Bazpur, District Udham Singh Nagar has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, an F.I.R. was lodged by the informant on 13.10.2024 against one Gurmeet Singh and unknown persons for the offences punishable under Sections 123 and 303(2 B.N.S. It was alleged that the informant, who is the owner of a Swift Desire car, had taken Gurmeet Singh and another unknown person as passengers from Rudrapur to Delhi on a booking. The journey commenced from Bazpur and proceeded via Rudrapur, where they halted for breakfast. Subsequently, they stopped at Moga Dhaba in Gajrola for lunch, where Gurmeet Singh allegedly offered a cold drink to the informant and upon consuming the beverage, the informant became unconscious and regained consciousness the following day at a police station in Karnal, Haryana. He also found that his car was missing and suspected that Gurmeet Singh and his associate had stolen the vehicle. 6. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present 2025:UHC:6569 case. It is contended that there is no eyewitness to the alleged incident, and the F.I.R. does not assign any specific role to the present applicant. Furthermore, it is argued that the applicant has been arrayed as an accused without verification of any CCTV footage from the alleged place of incident. The F.I.R. was lodged with a delay of five days, as the alleged incident is stated to have occurred on 07.10.2024, while the F.I.R. was registered on 13.10.2024. 7. Learned counsel for the applicant would further submit that the applicant is in judicial custody since 21.10.2024, and no prosecution witnesses have been examined till date. It is further contended that there is no likelihood of the applicant either absconding or tampering with the prosecution evidence. Therefore, it is prayed that the applicant be released on bail. 8. Per contra, learned State counsel has opposed the bail application on the ground of the seriousness of the allegations. However, he fairly concedes that the applicant has been in custody since 21.10.2024. 9. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 10. Accordingly, the 1st bail application is allowed. 11. Let the applicant be released on bail in the aforesaid case on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned. [ (Alok Mahra, J.) 25.07.2025 Mamta 2025:UHC:6569