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2025 DAILYLAW 4827 (UTT)

KARAN @ KULWINDER v. STATE OF UTTARAKHAND

BA3/14/2025 · 2025-05-06

Ravindra Maithani

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL Third Bail Application No. 14 of 2025 Karan @ Kulwinder ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Shariq Khurshid, Advocate for the applicant. Ms. Manisha Rana Singh, D.A.G. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No. 159 of 2019, under Section 392, 302 and 411 IPC, Police Station Rajpur, District Dehradun. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is third bail application of the applicant. His first bail application was dismissed on 06.08.2021 on merits. His second bail application was also rejected on merits on 26.04.2023. 4. According to the FIR, on 31.10.2019, the deceased was found dead in her house. FIR was lodged by her husband. 5. Learned counsel for the application would submit that the applicant is in custody for more than five years; out of 17 witnesses, only nine witnesses have been examined; the trial has yet not been proceeded despite direction of Hon’ble Supreme Court passed in SLP (Criminal) Diary No. 48261 of 2023. He would submit that it is a case based on circumstantial evidence. There is no direct evidence. 2 6. Learned State counsel admits that it is a case based on circumstantial evidence. She would submit that the applicant has been seen in the CCTV footages and some looted articles were also recovered. 7. Having considered the facts circumstances, particularly, keeping in view the fact that the applicant is in custody for more than five years, 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 a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 06.05.2025 Jitendra