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2025 DAILYLAW 6938 (UTT)

SAMEER SINGH v. STATE OF UTTARAKHAND

BAC/9/2025 · 2025-07-22

Ashish Naithani

body2025

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:6409 BAC No.09 of 2025 Hon’ble Ashish Naithani, J. Mr. Divya Prakash Mittal, learned counsel for the Applicant. 2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/Respondent No.1. 3. This is a bail cancellation application relating to the order of the coordinate Bench dated 23.07.2024, whereby the Applicant – Mangat Singh @ Mangu, then in judicial custody, relating to the Case Crime No.81 of 2024, under Sections 363, 376 (3) of IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station – Gaderpur, District Udham Singh Nagar, the Applicant was enlarged on bail, by the said order with certain conditions. Mainly, the Applicant or any of his relatives would not contact the victim in any manner whatsoever either physically, electronically or by any other means; and the Applicant would not directly or indirectly make any inducement, threat or promise to any other person acquainted with the facts of the case so as to dissuade him from disclosing the facts to the Court or any Police Officer and the Applicant should not tamper with evidence. 4. Mr. Sameer Singh, had moved a bail cancellation application with the contentions that on which the bail had been granted by the Court in favour of Mangat Singh @ Mangu, is being defaulted. The Applicant - Mangat Singh @ Mangu, is advancing threat and another FIR has been lodged against him. 5. Counter affidavit has been filed on behalf of the State in the matter. 6. Learned counsel for the Applicant submits that after the bail granted to the Respondent No.2 – Mangat Singh @ Mangu, another FIR No.94 of 2025, under Section 137 (2) of BNS, was lodged against Respondent No.2 with the averments that on 04.04.2025 at about 11:00 AM, Mangat Singh @ Mangu took away the daughter of the Applicant. This fact has come in the counter affidavit filed by the State. 7. In view of this Court, there is a gross default of the conditions of the bail granted to Respondent No.2. 8. In view thereof, the bail cancellation application is allowed. The bail granted to the Respondent No.2 Mangat Singh @ Mangu, vide order dated 23.07.2024 granted in 1st Bail Application No.1352 of 2024, is hereby cancelled. (Ashish Naithani, J.) 22.07.2025 Nitesh/