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2025 DAILYLAW 370 (UTT)

MAKSOOD ALIAS MEHMOOD HASAN v. STATE OF UTTARAKHAND

BA2/208/2025 · 2026-01-10

Rakesh Thapliyal

body2025

Judgment text

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. 208 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Tajhar Qayyum, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Additional Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State. 3. This is the second bail application moved by the applicant Maksood @ Mehmood Hasan praying for bail in reference to First Information Report dated 07.02.2025 bearing FIR No. 34 of 2025, P.S. Ramnagar, District Nainital. 4. The First Bail Application was rejected on 07.04.2025. Now, the instant second bail application has been moved by the present applicant that the other co- accused Gurbachan has been enlarged on bail on 16.05.2025 and, therefore, claims parity of the other co- accused. The counter affidavit has been filed. 5. Admittedly, the recovery of large number of arms and ammunition, which infact were manufacturing in a unit without license, were recovered from the present applicant. Without getting license from the appropriate authority as per law manufacturing arms and ammunition is a very serious and is not in the interest of society and nation. So far as the grant of bail to the other co-accused Bachan Singh @ Gurbachan Singh is concerned, I peruse the order and from the order it reveals that the said co-accused Bachan Singh @ Gurbachan Singh was granted bail since there was no recovery from him and only the recovery is shown from the present applicant. 6. It is argued by the learned counsel for the applicant that the present applicant is languishing in jail since 07.02.2025 and all the offences are triable by Magistrate, therefore, taking into consideration that he is in jail since last more than 11 months and the offences are triable by Magistrate the bail may be granted. 7. On the other side, learned State counsel seriously oppose the bail application by submitting that first of all manufacturing of large number of arms and ammunition without permission is apparently a very serious issue, this is neither in the interest of the society nor in the interest of the nation and merely on the ground that the offences are triable by Magistrate the bail cannot be granted. 8. He also submits that so far as the other co- accused Bachan Singh @ Gurbachan Singh is concerned, his case is on a different footing since there was no recovery from him and whatever be the recovery is shown it is from the applicant. 9. After hearing the arguments of learned counsel for the parties and further taking into consideration that large number of arms and ammunition were recovered from the present applicant, which as per the prosecution are manufacturing in a unit without any license and permission of the appropriate authority, this court is of the view that the applicant does not deserve for bail. 10. Accordingly, second bail application is rejected. 11. It is made clear that since the trial is going on and the offences are triable by Magistrate let the Trial court may expedite the trial as early as possible and if possible on day to day hearing basis but expedite the trial within three months from the date of production of certified copy of this order. 12. The Registry is directed to send the copy of this order to the concerned Trial Court forthwith for necessary compliance. (Rakesh Thapliyal, J.) 10.01.2026 PR