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 JUDGE’S ORDERS
BA1 No.501 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Lokendra Dobhal,
learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned Brief Holder for the State.
3. Present applicant–Gobind Singh S/o Late Sunder Singh is seeking bail in relation to FIR No.0009 of 2024, registered on the basis of FIR dated 16.01.2024 at Police Station Muni Ki Reti, District Tehri Garhwal, wherein the present applicant has been implicated for the offence punishable under Section 302 of IPC,
1860.
4. The brief facts of the case are that a first information report was lodged by one Dinesh Singh alleging therein that his father has been killed by his real uncle, who is present applicant herein. In this FIR, the charge-sheet was filed on 11.04.2024, and, thereafter, after framing the charge, the trial was commenced and during examination, PW-2-Dinesh Singh/Complainant and PW-3 Chota Singh have been declared hostile.
5.
Learned counsel for the applicant further submits that there was no enmity in between the deceased and the applicant, who is the real brother of the deceased and due to sudden quarrel in between both of them, the incident took place. Apart from this, he submits that even as per the case of the prosecution, there was no any intention or motive of the applicant. He further submits that the present applicant is languishing in jail since 15.01.2024.
6. On the other side, learned State counsel opposed the bail application by submitting that after collecting all credible evidences, the charge-sheet has been filed, however, he has not disputed this fact that the two star witnesses PW-2 and PW3 have been declared hostile.
7. After hearing the arguments as advanced by learned counsel for the parties and further taking into
consideration that the trial has already been commenced, in which the two witnesses have been declared hostile and the present applicant is languishing in jail since 15.01.2024, this Court is of the view that the applicant deserves to be enlarged on bail.
8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.
9. Let the applicant, namely, Gobind Singh, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 16.05.2025 R.Bisht