Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1973 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/455/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Aditya Singh, learned counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. Present applicant- Aditya, S/o Malkhan Singh is in judicial custody since 18.11.2023, in relation to FIR No. 276 of 2023 registered pursuant to the FIR dated 18.11.2023 at P.S. Dalanwala, District Dehradun wherein the present applicant has been implicated for the offence punishable under Section 302 IPC.
4. It is a very unfortunate case that the father of the applicant lodged the FIR against his own son with the allegation that he killed his own mother. On perusal of the contents of the FIR, it appears that the mental condition of the applicant at the time of the commission of the crime was not stable and it appears that he was suffering from some mental disease. Charge sheet has already been filed and the cognizance has been taken on 15.02.2024 and the charge has already been framed. Medical report of the applicant is also annexed as Annexure nos. 4 to 7.
5. I also perused the medical reports.
6. The
learned counsel for the applicant submits that the applicant is still under treatment and to verify this fact, this Court directed the State Counsel to get instructions from the concerned Medical Officer of the District Jail, Dehradun, and today Mr. V.S. Pal, learned A.G.A. placed before this Court
2025:UHC:1973 the report of Senior Superintendent, District Jail, Dehradun as well as report of the Medical Officer dated 19.03.2025, on perusal of which it reveals that the present applicant is under regular treatment from jail visiting Psychiatrist, State Mental Health Institue, Selaqui, Dehradun.
7. Today, father/complainant of the applicant joined the proceedings through V.C. and he submits that he wants to give regular medical treatment to his son who is in imprisonment in the aforesaid crime.
8. Mr. V.S. Pal, learned A.G.A. after perusing the medical report has not disputed this fact that the present applicant is under regular treatment and is suffering from some mental disease. He has also not disputed this fact that charge sheet has already been filed and the trial has been commenced.
6. After hearing the arguments and considering the fact that the present applicant is suffering from mental disease, and furthermore the charge sheet has already been filed, this Court is of the view that at this juncture there is no need of custodial interrogation of the present applicant and as such the applicant deserves for bail.
7. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed.
8. Let the applicant Aditya be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
20.03.2025 Parul
2025:UHC:1973