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2025 DAILYLAW 5477 (UTT)

ROBIN ALIAS RAJU v. STATE OF UTTARAKHAND

BA2/82/2025 · 2025-05-07

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:627 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. 82 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Sharang Dhulia, learned counsel for the applicant through V.C. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Mr. Deep Chandra Joshi, learned counsel for the complainant. 4. This is the second bail application moved on behalf of ‘Robin @ Raju’ S/o Shri Ram Gopal, who is languishing in jail since 11.12.2023 in relation to First Information Report dated 07.12.2023 bearing FIR No. 560 of 2023, wherein, the present applicant is implicated for the offences punishable under Sections 323, 504, 506, 325 and 326 of IPC. 5. The First Bail Application was rejected by the Coordinate Bench of this court on 05.06.2024 and thereafter the Coordinate Bench released the matter with the direction that the matter be placed before another Bench and the instant second bail application is listed as per the roster before this court. 6. The second bail application has been moved on two grounds; the first ground is that the statement of PW1 was recorded after rejection of first bail application and thereafter the PW2 the Doctor was examined on 04.02.2025. 7. Learned counsel for the applicant Mr. Sharang Dhulia submits that on close scrutiny of the statement of the Doctor it appears that the PW1 the victim/complainant raised a false allegation against the applicant. He submits that the PW2 Doctor Anuj Sisodiya in his statement have not supported the case of the prosecution. 8. He further submits that the PW1 in his statement submits that the two teeths were broken and treated later on by the Doctor, but the concerned Doctor PW2 denied this fact and stated that no teeth was recovered during treatment. 9. Apart from this, he submits that in total there are seven prosecution witnesses and uptill date only three witnesses have been examined and there is no any possibility that the trial be expedited soon and the present applicant is in long incarceration since 2025:UHC:627 he is languishing in jail since 11.12.2023. 10. On the other side, learned counsel Mr. Deep Chandra Joshi, who appears for the complainant, on the previous date shown certain images of the applicant from his mobile and the State was directed to get instructions whether those images are the part of the investigation and furthermore, the State was directed to get the past history of the present applicant. 11. On written instructions Mr. V.S. Pal, learned A.G.A., submits that the images as shown by the learned counsel for the complainant in his mobile were not part of the investigation and furthermore the applicant have no previous criminal history. 12. After hearing the arguments of learned counsel for the parties and further taking into consideration that the applicant is languishing in jail since 11.12.2023 and uptill date out of seven prosecution witnesses only three witnesses have been examined and the applicant have no previous criminal history, this court is of the view that the applicant deserves for bail. 13. Accordingly, without expressing any opinion on the merit of the case, the instant second bail application is allowed. 14. Let the applicant ‘Robin @ Raju’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 07.05.2025 PR 2025:UHC:627