Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2182 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1 No. 257 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned Brief Holder for the State.
3. Present applicant–Mustkeem is in judicial custody since 16.06.2023 and seeking bail in relation to FIR/Case Crime No.0253 of 2023, registered on the basis of FIR dated 15.06.2023 at Police Station Pathri, District Haridwar, wherein the present applicant has been implicated for the offence punishable under Sections 302 of IPC.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, and, the allegation, as alleged, is for killing of his own wife. He also submits that from the marriage of the deceased(wife) and the applicant, they have two children and at the time of incident, both the children were in the house and during the trial the children-witnesses have been declared hostile. Apart from this, he submits that there is no direct evidence and without collecting any credible evidence, the charge-sheet has been filed.
5. On the other side, learned State counsel seriously opposed the bail application by submitting that though the applicant’s wife was murdered and the applicant was present in the locality, but he did not make any attempt to lodge the FIR. He submits that the brother of the deceased who was living in
2025:UHC:2182 Muzzafarnagar, lodged the FIR, Apart from this State counsel submits that not only this, even on the pointing out of the present applicant, the alleged weapon (chopped), used in the crime, was also recovered.
6. After hearing the arguments as advanced by learned counsel for the parties and further after gone through the contents of the FIR, this Court is not inclined to grant bail to the present applicant at this stage.
7. Therefore, this Court is of the view that the applicant is not entitled for bail.
8. Accordingly, without expressing any opinion on the merit of the case, the bail application is rejected.
(Rakesh Thapliyal, J.) 25.03.2025 R.Bisht
2025:UHC:2182