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2025 DAILYLAW 4858 (UTT)

SALIM ANSARI v. STATE OF UTTARAKHAND

BA1/706/2023 · 2025-03-25

Alok Mahra

body2025

Judgment text

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 JUDGES’S ORDERS 25.03.2025 BAI No.706 of 2023 Hon’ble Alok Mahra, J. Mr. Prabhakar Joshi, Mr. B.S.Negi, learned counsels and Mr. Shailabh Pandey (Legal Aid Lawyer) for the applicants. 2. Mr. Deepak Bisht, learned Deputy Advocate General for the State. 3. Applicants- Salim Ansari and Mohd. Shah Alam, who are in judicial custody in connection with Case Crime/FIR No. 251 of 2021, under Sections 302, 307, 34, 452, 504, 506 of IPC and Section 4/25 of the Arms Act, registered at Police Station Kathgodam, District Nainital, have sought their release on bail. 4. Learned counsel for the applicant contends that the alleged weapon used in the crime was not recovered from the possession of the applicants; there is no independent witness of the alleged incident and all the witnesses are relatives and interested witnesses; the applicants are languishing in jail since 29.10.2021 and they have no previous criminal history. 5. Per contra, learned Deputy Advocate General vehemently opposed the bail. 6. Having heard learned counsel for the parties and after perusal of the record, this Court is of the opinion that name of the applicants specifically find place in the First Information Report; and specific role have been assigned of committing brutal murder of the deceased, therefore, no ground for bail is made out at this stage. 7. The bail application is accordingly, rejected. 8. Both the pending applications (IA No. 1 of 2023 and IA No. 3 of 2024) also stand disposed of. (Alok Mahra, J.) 25.03.2025 Kaushal