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2025 DAILYLAW 14403 (UTT)

BALVINDER SINGH ALIAS BILLU v. STATE OF UTTARAKHAND

BA2/120/2025 · 2025-10-30

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.120 of 2025 Balvinder Singh alias Billu ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Harshpal Sekhon, Advocate for the applicant. Mr. Siddhartha Bisht, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR No.171 of 2021, dated 17.03.2021, under Sections 302, 120-B IPC, Police Station Jaspur, District Udham Singh Nagar. He has sought his release on bail. It is second bail application of the applicant. His first bail application has already been rejected on 03.04.2025. 2. Heard learned counsel for the parties and perused the record. 3. It is argued that the applicant is in custody since 20.08.2021; it is more than four years; the co-accused having similar role has already been granted bail on the basis of incarceration; there are 29 witnesses, out of which till date, only 16 witnesses have been examined and there appears to be less chances of trial being concluded in the near future. Therefore, the case is fit for bail. 4. Learned State Counsel admits the period of custody, which the applicant has already undergone and also admits the 2 fact that the co-accused has already been granted bail, but he would submit that the role of the applicant was of the main assailant; the role of Jaswinder Kaur was also for conspirator. 5. Out of 29 witnesses till date, only 16 witnesses have been examined, the applicant already in custody for more than four years, considering this fact and other attending factors, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 6. The bail application is allowed. 7. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount; to the satisfaction of the court concerned. (Ravindra Maithani, J.) 30.10.2025 Sanjay