Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Third Bail Application No.21 of 2025
Sahil Khan alias Mauzam ….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Sunder Singh Mehra, Advocate for the applicant. Mr. Vijay Khanduri, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in FIR No. 19 of 2021, under Section 302, 307, 323, 147, 148 & 34 IPC, Police Station Tallital, District Nainital. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
This is third bail application of the applicant. His first bail application was rejected on merits on 20.03.2023. His second bail application was also rejected on 21.08.2024.
4.
Learned counsel for the applicant would submit that the applicant is custody since 15.04.2021; there are 27 witnesses out of which only 12 witnesses have been examined. There are less chances of trial may be concluded in near future. All the witnesses of fact have already been examined. He also submits that the recovery is also doubtful.
5.
Learned State counsel admits the factual narrations with regard to pendency of the trial, number of witnesses examined and number of witnesses which are to be examined.
2
6.
Having considered the period of incarceration and other attending factors, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
7.
The bail application is allowed.
8.
Let the applicant 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.
(Ravindra Maithani, J) 07.08.2025 Jitendra