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2025 DAILYLAW 1991 (UTT)

PAWAN v. STATE OF UTTARAKHAND

BA2/24/2025 · 2025-02-14

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 24 of 2025 Pawan ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Rajat Mittal, Advocate for the applicant. Mr. Akshay Latwal, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No.31 of 2024, under Sections 307, 504, 506 and 120-B IPC and Section 25/4 of the Arms Act, 1959, Police Station- Sahaspur, District- Dehradun. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is the second bail application. The first bail application, being BA1 No.1427 of 2024, was dismissed as withdrawn on 29.08.2024. 4. It is argued by learned counsel for the applicant that the informant as well as the victim has been examined at trial; they have not supported the prosecution case; they have been declared hostile. 2 5. This fact is admitted by learned State Counsel. 6. In the instant case, FIR has been lodged by PW1, Satish Kumar. According to him, 07.02.2024, at about 8:30 PM, the applicant stabbed him on his chest and also injured other persons. But in his statement, PW1, Satish Kumar, has not supported the prosecution case. He has totally denied the role of the applicant. It makes out two things. Either PW1, Satish Kumar, has deliberately lodged the false FIR, or he has given false evidence. This is a tendency, which has to be curbed. 7. Since PW1, Satish Kumar, has either given a false report or has given a false evidence before the court, this Court requests the trial court to consider proceedings against PW1, Satish Kumar, under appropriate provision of the law. 8. 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. 9. The bail application is allowed. 10. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable 3 sureties, each in the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 14.02.2025 Ravi Bisht