2025:UHC:614 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 14th JANUARY, 2025 2ND BAIL APPLICATION NO. 17 of 2025 Sunil Kumar …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Ms. Swaleha Hussain, Advocate. Counsel for the State : Mr. Rakesh Kumar Joshi, Brief Holder. Hon’ble Alok Kumar Verma,J. This is the Second Bail Application. 2. The First Bail Application (BA1 No.2658 of 2021) was rejected on 05.05.2022. 3. The applicant is in judicial custody under Sections 302, 201, 34 and Section 120B of the Indian Penal Code, 1860 in connection with the First Information Report No.342 of 2020, registered at police station Rishikesh, District Dehradun. 4. Heard Ms. Swaleha Hussain, learned counsel for the applicant and Mr. Rakesh Kumar Joshi, learned Brief Holder for the State. 5. Learned counsel appearing for the applicant has contended that the present case rests on circumstantial evidence, whereas the chain of the circumstantial evidence is not complete. Applicant is in judicial custody since 28.09.2020. He is a permanent resident of District Muzaffarnagar, Uttar Pradesh, 2025:UHC:614 2 therefore, there is no chance of his absconding. He does not have any criminal antecedents. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the co-accused Anil Prasad, having similar role, has already been granted bail by the coordinate Bench of this Court on 19.12.2024. 6. Learned counsel for the State has opposed the Second Bail Application orally. However, he has conceded that the applicant has no criminal history and the co-accused, having similar role, has already been granted bail by the coordinate Bench of this Court. 7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage. 8. The Second Bail Application is allowed. 9. Let the applicant – Sunil Kumar 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. ___________________ ALOK KUMAR VERMA, J. Vacation Judge Dt:14.01.2025 Pant/ PANKAJ KUMAR PANT Digitally signed by PANKAJ KUMAR PANT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=9bb5448b4a92c65bab85a1384e98c8e23962296e78d4821a6ec01b408aa193c8, postalCode=263001, st=UTTARAKHAND, serialNumber=4FA443614ABEBC1A2C417A645E31B2B4B9D897811D160D334C31AA4BA6 D48D32, cn=PANKAJ KUMAR PANT Date: 2025.01.14 16:02:46 +05'30'