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2025 DAILYLAW 4659 (UTT)

SHEKHAR v. STATE OT UTTARAKHAND

BA1/545/2025 · 2025-05-06

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3519 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. 545 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Siddhant Manral, Legal Aid counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Shekhar S/o Yashwant Giri is in judicial custody since 14.06.2020 and seeking bail in relation to FIR/Case Crime No.0326 of 2020, registered on the basis of FIR dated 14.06.2020 at Police Station Kotwali, District Haridwar, which was lodged for the offences punishable under Sections 147, 148, 302 IPC, read with Section 34. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and he was arrested in the said crime on 14.06.2020 and he is in long incarceration since last more than 04 years though the charge-sheet has already been filed on 09.08.2020 and uptill date, out of total 15 witnesses, only five witnesses have been examined and there is no possibility that the trial be expedited soon. 5. Apart from this, learned counsel for the applicant submits that the bail application of the two other co-accused, namely, Ankit Saini and Keshav, were rejected by this Court on 03.08.2021, however, the role, as assigned to them, is completely different to the role assigned to the present applicant, and, therefore, the rejection of the bail application of the other co-accused will not come into the 2025:UHC:3519 way of the present applicant. 6. Learned AGA have not disputed this fact that the applicant suffered long incarceration since last more than four years and uptil date out of 15 witnesses, only five witnesses have been examined. 7. After hearing the arguments, as advanced by learned counsel for the parties, and further taking into consideration that the present applicant already suffered long incarceration since he is languishing in jail last more than 04 years and the role, as assigned to the present applicant, is entirely different to the role as assigned to the other co- accused, whose bail application was rejected, 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, Shekhar, 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. 10. It is made clear that grant of bail to the present applicant will not set as a precedent in respect of the other co- accused. (Rakesh Thapliyal, J.) 06.05.2025 R.Bisht 2025:UHC:3519