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2025 DAILYLAW 1411 (UTT)

SUNAINA DEVI v. STATE OF UTTARAKHAND

BA1/76/2025 · 2025-01-14

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:616 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 14TH JANUARY, 2025 FIRST BAIL APPLICATION NO. 76 of 2025 Smt. Sunaina Devi …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Ms. Swaleha Hussain, Advocate. Counsel for the State : Mr. Pratiroop Pandey, A.G.A. assisted by Mr. Pradeep Lohani, Brief Holder and Mr. Rakesh Negi, Brief Holder. Hon’ble Alok Kumar Verma,J. Present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for regular bail in connection with the Case Crime No.36 of 2024, registered at police station Rishikesh, District Dehradun. 2. The applicant-Smt. Sunaina Devi is in judicial custody for the offence under Sections 304, 323, 34, 504 & 506 of the Indian Penal Code, 1860. 3. Heard Ms. Swaleha Hussain, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Pradeep Lohani, learned Brief Holder with Mr. Rakesh Negi, learned Brief Holder for the State. 2025:UHC:616 2 4. Ms. Swaleha Hussain, Advocate appearing for the applicant has contended that the applicant-Smt. Sunaina Devi, aged 50 years, has been falsely implicated in the present matter. She is in custody since 25.01.2024. Co-accused Ganga & Smt. Rubi, having similar role, have been granted bail by the Co- ordinate Bench of this Court. 5. Mr. Pratiroop Pandey, A.G.A. appearing for the State has opposed the Bail Application orally. 6. 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. 7. The First Bail Application is allowed. 8. Let the applicant – Smt. Sunaina Devi be released on bail on her 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 JKJ/Pant