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2025 DAILYLAW 4884 (UTT)

RAJNESH v. STATE OF UTTARAKHAND

BA1/595/2025 · 2025-05-20

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4186 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. 595 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Raj Kumar Singh, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Rajnesh S/o Shri Nathi Ram is in judicial custody since 07.11.2022 and seeking bail in relation to FIR/Case Crime No.1044 of 2022, registered on the basis of FIR dated 05.11.2022 at Police Station Laksar, District Haridwar, wherein the present applicant along with two other persons, namely, Ritik and Jagveer have been implicated for the offences punishable under Section 302, 201, 120-B and 34 of IPC. 4. It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 07.11.2022 and there are in total 30 prosecution witnesses, but up till date, only four witnesses have been examined. He also submits that the applicant has no previous criminal history and he is in long incarceration since last more than 2 years. Apart from this, he submits that though the present applicant have been implicated along with two co- accused, but one co-accused was juvenile and other one was exonerated during investigation and the co-accused, who was juvenile, was granted bail. 5. On the other side, learned State counsel has not disputed this fact that up till date, only 04 witnesses have been examined and the applicant is languishing 2025:UHC:4186 in jail since 07.11.2022. 6. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that out of total 30 prosecution witnesses, up till date, only 04 witnesses have been examined and the applicant is languishing jail since 07.11.2022 and there is no any possibility that the trial be expedited soon, since still 26 prosecution witnesses have to be examined, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Rajnesh, 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.) 20.05.2025 R.Bisht 2025:UHC:4186