Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA2 No. 265 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain and Ms. Meenakshi Sharma, learned Brief Holders for the State. 3. This is the second bail application and the first bail application was rejected by this Court on
05.04.2025. 4. The present applicant – Dinesh Gangwar, S/o Mahendra Gangwar, is praying for regular bail in reference to FIR dated 04.09.2023, bearing FIR No. 0071 of 2023 registered at P.S. – Jhankiya, District Udham Singh Nagar, wherein the applicant is facing trial for the offences punishable under Sections 304-B IPC. 5. It is argued by the learned counsel for the applicant that applicant already suffered long incarceration, as he is in jail since 18.10.2024 and there are in total 19 prosecution witnesses and out of 19 prosecution witnesses, but uptil date only 4 prosecution witnesses have been examined and there is no possibility that the trial would be expedited within a short span of time. He further submits that first bail application was rejected only on the basis of statement of one of the witnesses Mr. Kundan Kanyal, but in the charge sheet, he has not been shown as prosecution witness. 6. On the other side, the learned State Counsel has not been disputed that applicant suffered long incarceration and uptil date, out of 19 prosecution witnesses, only 4 prosecution witnesses have been examined. 7. After hearing the arguments of learned counsel for the parties and taking into consideration that applicant already suffered long incarceration of more than 15 months and uptil date, out of 19 prosecution witnesses, only 4 prosecution witnesses have been examined, this Court is of the view that applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the second bail application is allowed. 9. Let the applicant - Dinesh Gangwar, S/o Mahendra Gangwar, 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. 10. It is made clear that after being released on bail, the applicant shall join the trial proceeding on each and every date without seeking any unnecessary adjournment.
(Rakesh Thapliyal, J.) 06.01.2026 SKS