Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Bail Application No.226 of 2025 Mohit Khatri
…..….....Applicant Versus State of Uttarakhand
….….Respondent
Present:- Mr. Aditya Singh, Advocate for the applicant. Mr. Siddharth Bisht, AGA for the State. Mr. Pragya Prakash Upadhyay, Advocate for the informant.
Hon’ble Ravindra Maithani, J. (Oral)
The applicant is in judicial custody in FIR No.221 of 2024, under Sections 109, 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)A of the Arms Act, 1959, Police Station Kunda, District Udham Singh Nagar. This is the second bail application of the applicant. His first bail application has already been rejected on 05.05.2025. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
Learned counsel for the applicant submits that, in fact, the informant as well as both the injured has not supported the prosecution case at trial; in fact, on 06.11.2025, when the matter was taken up, one of the injured Naseem was to be examined. On that date, injured Naseem was represented and it was told on behalf of the injured Naseem that he has every intention to depose.
2
4.
Today, learned counsel for the applicant has placed for perusal of the Court the statement of PW4 Naseem recorded on 10.11.2025, where he did not support the prosecution case.
5.
Learned State Counsel admits this fact that the injured and the informant have not supported the prosecution case. It makes out the prosecution case.
6.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
7.
The bail application is allowed.
8.
Let the applicant 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.
(Ravindra Maithani, J.)
13.11.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08 bbd504686df4d1afc60f54a287831dec46fe , postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A2 55DD8EC450A84B515A087CAEFD1B3179 A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.11.14 17:46:14 +05'30'