Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 2355 of 2025 Hon ’ble Alok Mah r a, J.
Mr. Mukul Dangi, learned counsel for the applicant. 2. Mr. Rakesh Joshi, learned A.G.A. for the State. 3. The applicant – Rajesh Gaira @ Rakku, who is in judicial custody in connection with FIR/ Case Crime No. 0036 of 2024, under Sections 103, 238 r/ w 3(5) of BNS, registered at P.S. Thal, District Pithoragarh, has sought his release on bail. 4. In this case, an FIR was lodged on 20.12.2024, in which, it was mentioned that the brother of the complainant was found lying injured at about 10: 30 PM on 18.12.2024 and then he was taken to the hospital in 108 ambulance, where, he was declared as brought dead by the doctor. Subsequently, the FIR was lodged under Section 103 of IPC. 5. Learned counsel for the applicant would submit that the other co-accused was named in the FIR and during investigation, the other co-accused has named the present applicant also, wherein, the co-accused has stated that since the deceased was hurling abuses in front of the shop in the drunken state, therefore, co-accused and the present applicant beat him up with the stick. On this basis, the chargesheet was filed against the co-accused and the present applicant. Learned counsel for the applicant would further submit that there is no eye-witness to the whole incident that
that no motive has been assigned to the applicant and that applicant is languishing in jail since 20.12.2024. Furthermore, applicant has no previous criminal history and the co- accused, who was named in the FIR have been granted bail by the Coordinate Bench of this Court. 6. Per contra, learned State has vehemently opposed the bail application. 7. Considering the fact that the applicant is languishing in jail since 20.12.2024 and the co-accused, who was named in the FIR have been granted bail by the Coordinate Bench of this Court and as such, no specific role has been assigned to the applicant, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 8. The bail application is allowed. 9.
Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a J.)
06.05.2026 Ujjwal