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2025 DAILYLAW 4957 (UTT)

PRADEEP v. STATE OF UTTARAKHAND

BA2/93/2024 · 2025-06-23

Alok Mahra

body2025

Judgment text

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2025:UHC:5277 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No.93 of 2024 Hon’ble Alok Mahra, J. Mr. Alok Kumar, Advocate for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand. 2. This first bail application has been moved by the applicant, seeking regular bail in Case Crime/F.I.R. No.415 of 2022, under Section 307 & 120-B of I.P.C., registered at Police Station Jwalapur, District Haridwar. 3. An F.I.R. was lodged by the complainant with the averments that when he was going to his home, after closing Jewellery Showroom on 25.07.2022 at about 08:30 p.m., he heard a gunshot, but when he saw around, he did not understand anything and, thereafter, he went to his home; that on 26.07.2022 at around 12:00 in the noon, when he opened his laptop, he found it broken; that when he closely examined the same, he found a bullet stuck in the laptop; that on connecting the last day incident, he realized that the gunshot, which he heard previous day, was aimed upon him; that he remembered that two unknown persons wearing mask were riding on the two-wheeler. 4. It is contended by learned counsel for the applicant that applicant has falsely been implicated in the instant crime and is languishing in jail since 05.08.2022. Learned counsel for the applicant submits that applicant is not named in the F.I.R.; that the F.I.R. is delayed one, inasmuch as, the alleged incident took place on 25.07.2022, whereas the F.I.R. came to be lodged on 26.07.2022; that in case, the applicant is granted bail, he will not misuse 2025:UHC:5277 the same and will furnish the bail surety as per the satisfaction of this Court. 5. It is further contended that co- accused, namely, Ankur Kumar and Sachin Prajapati have already been enlarged on bail by Coordinate Bench of this Court in BA1 No.2646 of 2022 and BA1 No.550 of 2024 vide order dated 01.05.2023 and 17.05.2024 respectively. He submits that this is a case of parity and in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court. 6. Learned State Counsel vehemently opposed the bail application. He submits that a weapon was recovered from the possession of the applicant and, as per the Ballistic Report, the bullet, which was found stuck on the laptop, was shot from the firearm recovered from the applicant. 7. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage on the ground of parity. 8. The bail application is allowed. 9. Let the applicant, namely, Pradeep be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 23.06.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3 a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C510 9CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.06.23 17:13:15 +05'30'