Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6151 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. 767 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Sadik’ S/o Kallu is praying for bail in relation to First Information Report dated 16.04.2024 bearing FIR No. 380 of 2024 P.S. Laksar, District Haridwar, wherein, the present applicant and the others namely Afzal, Sannwar and Iqbal were implicated for the offences punishable under Sections 201 and 302 of IPC. 4. It is submitted by the learned counsel for the applicant that earlier a missing report was filed by the wife of the deceased about missing of her husband, but there is no any reference of any suspected person who are named in the FIR. Apart from this, he further submits the dead body of the deceased was recovered on 13.04.2024 and thereafter the post-mortem was conducted and since the body was completely decomposed due to which the cause of death could not be ascertained. 5. He further submits that the wife of the deceased only on her statement recorded under Section 161 of Cr.P.C. stated that the applicant was seen with the deceased when she left the house but this fact she has not mentioned in the missing report. He submits that apart from the statement of the victim there is no any link evidence. He further submits that during investigation three persons, who were named in the FIR, have already been exonerated and only the applicant has been chargesheeted. 6. Apart from this he submits that the chargesheet has already been filed on 05.07.2024 and the applicant is languishing in jail since 17.04.2024 and as such there is no need of custodial interrogation of the present applicant and the applicant has no previous criminal
2025:UHC:6151 history. 7. On the other side, learned Brief Holder for the State Mr. Himanshu Sain submits that after thorough investigation and collecting credible evidences the chargesheet has been filed; however, learned State counsel could not show any link evidence except the statement of the wife of the deceased. Apart from this, he has also not disputed that the chargesheet has been filed and as such there is no need of custodial interrogation of the present applicant and the applicant has no previous criminal history. 8.
After hearing the arguments of learned counsel for the parties and further taking into
consideration that the present applicant is languishing in jail since 17.04.2024 and the chargesheet has been filed and as such there is no need of custodial interrogation of the present applicant, this court is of the view that the applicant deserves for bail.
9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
10. Let the applicant ‘Sadik’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
11. It is made clear that after being released on bail the applicant shall join the Trial Court proceedings on each and every date without seeking any unnecessary adjournment, failing which, the Trial Court is free to proceed against the applicant including for cancellation of bail. Apart from this, the Trial Court will proceed with the trial without being influenced with the observations as above.
(Rakesh Thapliyal, J.) 15.07.2025 PR
2025:UHC:6151