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2025 DAILYLAW 13763 (UTT)

MIKKI v. STATE OF UTTARAKHAND

BA1/2545/2024 · 2025-01-09

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:427 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 2545 of 2024 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Pandey, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned Brief Holder for the State. 3. Present applicant is seeking bail in relation to FIR No. 638 of 2014 on the basis of which he is facing trial of Special Session Trial No. 76 of 2017 for the offence punishable under Section 2 / 3 of the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, Police Station – Rudrapur, District - Udham Singh Nagar pending in the court of Special Judge (Gangster Act) Rudrapur, District Udham Singh Nagar. 4. Learned counsel for the applicant submits that applicant was earlier enlarged on bail, however, he was absent for few dates in the trial consequently, non bailable warrants was issued against him on 11.12.2023, thereafter, he was arrested on 30.11.2024. Thereafter, applicant moved bail application before the trial court and the same was rejected on the ground that he has misused the terms and conditions of the bail on the basis of which bail was granted. 5. Learned counsel for the applicant submits that applicant could not attend the trial court on some dates, since he was suffering from spinal injury. He has also enclosed the medical report along with instant bail application. 6. Learned Brief Holder for the State have not disputed this fact that earlier, the applicant was on bail. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that applicant was suffering from spinal injury and only on some dates, he could not attend the trial court, this Court is of the view that by putting some strict conditions, applicant should be released on bail. Accordingly, without expressing any opinion on the merits of the case, 2025:UHC:427 present bail application is allowed. 8. Let the applicant – Mikki be released on bail, on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 9. It is made clear that applicant shall attend the trial court on each and every date and will not seek any unnecessary adjournment. (Rakesh Thapliyal, J.) 09.01.2025 SKS