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2025 DAILYLAW 16894 (UTT)

RAJKOTIYA NOORMMAD v. STATE OF UTTARAKHAND

BA1/2257/2025 · 2025-12-19

Alok Mahra

Public Interest Litigationbody2025

Judgment text

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2025:UHC:11378 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 No.2257 of 2025 Hon ’ble Alok Mah r a, J. Mr. Gaurav Singh, Advocate for the applicant. Mr. Dinesh Chauhan, A.G.A. for the State of Uttarakhand. 2. This is first bail application moved by the applicant, seeking regular bail in F.I.R./ Case Crime No.05 of 2025, under Section 61(2), 308(5) and 318(4) of B.N.S., 2023, registered at Police Station Chalani Lamgada, District Almora. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that he is innocent. It is contended that the applicant has been languishing in judicial custody for a considerable period. Learned counsel further submits that there is an unexplained delay in lodging the First Information Report, which was filed after an inordinate lapse of about forty days from the date of the alleged incident. It is argued that the applicant’s name does not find place in the F.I.R. and that his implication rests solely upon certain alleged WhatsApp chats. It is further submitted that even those alleged chats, taken at their face value, do not establish any direct nexus of the applicant with the alleged transaction or offence in question. 4. Learned counsel for the applicant further submits that the co-accused, namely, Kapil Soni and Mandaliya Nishit, have already been enlarged on bail by 2025:UHC:11378 this Court in BA1 No. 1822 of 2025 and BA1 No. 1859 of 2025 vide order dated 04.12.2025. It is contended that the case of the present applicant stands on identical footing with that of the aforesaid co-accused, and as such, the applicant is entitled to be released on bail on the ground of parity. It is further submitted that in the event the applicant is granted bail, he undertakes not to misuse the liberty so granted and shall furnish reliable sureties to the satisfaction of the Court concerned. 5. Learned State Counsel vehemently opposed the bail application. 6. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage on the ground of parity. 7. The bail application is allowed. 8. Let the applicant, namely, Rajkotiya Noormmad be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.) 19.12.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a2 0dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109C B987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.12.19 17:55:12 +05'30' 2025:UHC:11378