Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1856 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/332/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Siddharth Bankoti,
learned counsel for the applicant through Legal Aid.
2. Mr. Siddharth Bisht, learned A.G.A. and Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant- Bharat Singh is in judicial custody in relation to FIR dated 20.06.2021 bearing FIR No. 15 of 2021 registered at P.S. Gairsain District Chamoli wherein the present applicant has been implicated for the offence punishable under Section 302 IPC with the allegation that he killed his wife.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, and there is no eye witness and charge sheet has already been filed on 27.09.2021. He further submits that there are 37 witnesses in the charge sheet and PW3, PW4, PW5, PW6, PW7 and PW8 did not support the prosecution story and were also declared hostile. He further submits that there is a delay in lodging the FIR and the applicant is languishing in jail since 21.06.2021 and has no criminal history.
5. Per contra, learned State Counsel, on written instructions, submits that there is an eye witness of the incident who supports the prosecution case, and, furthermore, as per the post mortem report there are multiple injuries on the body of the deceased and cause of death is asphyxia due to ante mortem strangulation.
2025:UHC:1856
6. After hearing the arguments of the
learned counsel for the parties and further after gone through the post mortem report as well the forensic report, I am not inclined to grant bail to the present applicant.
7. Accordingly, the bail application is rejected.
8. While rejecting the bail this Court is of the view that trial has been commenced in the year 2021 and most of the witnesses have been examined and should be expedited. Therefore the Trial Court is directed to expedite the trial as expeditiously as possible preferably within a period of six month.
9. Registry is directed to send the copy of this order to the concerned court.
(Rakesh Thapliyal, J.)
18.03.2025 Parul
2025:UHC:1856