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 JUDGE’S ORDERS
BA1 No. 740 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Lalit Sharma and Mr. Manoj Bhatt, learned counsel for the applicant.
2. Mr. Siddharth Bisht, learned A.G.A. for the State.
3. Mr. Sunder Singh Mehra, learned counsel for the complainant.
4. Present applicant Ritesh Pandey, S/o Mohan Chandra Pandey is praying for bail in relation to FIR dated 03.05.2022, registered as FIR/Case Crime No. 0018 of 2022, at P.S. Mallital, District Nainital wherein the present applicant has been implicated for the offences punishable under Sections 420, 504 and 506 IPC.
5. It is contended by the learned counsel for the applicant that applicant is innocent and has been falsely implicated and furthermore charge sheet has already been filed and the trial has been commenced and the first witness has been examined on 01.09.2023, and the present applicant is languishing in jail since
25.02.2023. He further submits that all the offences are triable by the Magistrate and the applicant has already suffered long incarceration, since last more than two years he is in jail.
6. On the other side, Mr. Bisht, learned A.G.A. for the State submits that the applicant is a habitual offender and is also an accused under the Gangsters Act.
7.
Learned counsel for the complainant submits that most of the pending cases against the present applicant relate to the Negotiable Instruments Act and he also
submits that if the applicant is enlarged on bail the trial court may be directed to expedite the trial.
8. In response to this, learned counsel for the applicant submits that the proceedings under the Negotiable Instruments Act cannot be expedited since applicant is in jail.
9. After hearing the arguments of the
learned counsel for the parties and taking into consideration that all the offences are triable by the Magistrate and the applicant is languishing in jail since 25.02.2023 and most of the previous cases are relating to the Negotiable Instruments Act which are pending because of the reason that the applicant is in jail, this Court is of the view that the applicant deserves for bail but simultaneously is of the view that the trial be expedited in view of Section 437(6) of Cr.P.C..
10. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
11. Let the applicant Ritesh Pandey be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
12. The trial court is directed to expedite the trial as early as possible preferably within a period of six months from today without giving unnecessary adjournment to either of the party.
(Rakesh Thapliyal, J.) 08.08.2025 Parul