No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA2 No. 227 of 2025 Hon’ble Alok Mahra, J. Mr. R.S. Sammal, learned counsel for the applicant. 2. Mr. Deepak Bhardwaj, learned Deputy Advocate General for the State. 3. The applicant – Harshvardhan, who is in judicial custody in connection with FIR/Case Crime No. 42 of 2023, under Section 302 of IPC, registered at P.S.- Lamgarha, District Almora, has sought his release on bail. 4. This is the second bail application. The first bail application was dismissed as withdrawn on 03.06.2024. 5. According to the FIR, an FIR was lodged by brother of the deceased Om Prakash on 29.12.2023 at about 23:04 hours under Section 302 IPC. In the FIR, it is alleged that two daughters namely Km. Dimple, Deepali and one son alongwith applicant have caused injuries on the body of the deceased, due to which, he died on 29.12.2023. The body was recovered from the house of the deceased. It is further alleged in the FIR that three children of the deceased were residing at Dehradun and came to the village only on 28.12.2023 to meet their father and asked the deceased to come alongwith them to Dehradun as they were in need of money as they have to vacate the Government accommodation and purchase new house. The deceased refused to accompany them. They beat him severely due to which, the death was caused. 6. Heard learned counsel for the parties and perused the records. 7. Learned counsel for the applicant would submit that the applicant is a student of IIT, Roorkee and he is only a friend of Km. Dimple, who is alleged to be the daughter of the deceased; the applicant is innocent and he has no role to play in the case; beside this, he has also enclosed the bank statement of the deceased, which reveals that complainant himself had withdrawn Rs. 20.28 Lakhs from the account of the deceased after the death of the deceased and this transaction took place between 29.12.2023 and 27.11.2024. 8. Per contra, learned State Counsel, on instruction, would submit that total amount of Rs. 20.28 Lakhs were withdrawn by the complainant (Om Prakash) and an FIR has been lodged against him in this regard in Police Station Lamgarha. Though, learned State Counsel vehemently opposed the bail application and would submit that the offence alleged is of a grave and heinous nature. 9. Learned counsel for the applicant would further submit that though FIR was lodged promptly on 29.12.2023, but, the information about the death of the deceased who was a retired personnel of ITBP, was not intimated to his department and the bank, as a result of which, the department continued to pay the pension to the deceased and the complainant withdrew it from the account of the deceased. Learned counsel for the applicant would further submit that there is no eye-witness to the incident and as per the complainant, the hands and legs of the deceased were tied with the muffler, but, no abrasion or lacerated wounds could be seen in the post- mortem report of the deceased. 10. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 11. Accordingly, the present second bail application is allowed. 12. 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. (Alok Mahra J.) 27.11.2025 Ujjwal