2025:UHC:5427 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 25.06.2025 BA1/946/2024 Hon’ble Alok Mahra, J. Mr. Lalit Sharma and Mr. Narendra Bali, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. The applicant-Rakendu Upadhyay, who is in judicial custody in connection with F.I.R./Case Crime No. 375 of 2023, under Sections 302, 201, 467, 468, 471 registered at Police Station Rajpur District Dehradun, has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. An FIR was lodged on 10.09.2023 by Sub Inspector Rajeev Dhariwal against unknown persons. It was reported that at about 6:44 AM, the Gram Pradhan of Village Soda Saroli, Pravesh Kumedi, informed the police that villagers had discovered a female dead body lying in a suspicious condition about 2 km from Thano Road towards Village Silwad Garh. Upon reaching the spot, the police found the body of an unidentified woman with deep injury marks, suggesting she had been murdered. A case under Sections 302 and 201 IPC was registered. 6. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated. The applicant was not named in the FIR. The applicant was arrested merely on suspicion and was forced to make a confession using third-degree methods. The alleged recovery of items was conducted solely by the investigating officer without any independent witness, despite the recovery being from public areas. The applicant had a live-in relationship with the deceased for the past six months, and they shared a cordial relationship for seven years, hence there was no motive. The applicant in jail since 11.09.2023 and has spent over one year and nine months in custody. 7. He would further submit that out of 40 2025:UHC:5427 witnesses listed in the chargesheet, only one has been examined so far. The applicant is a resident of Haridwar, he is serving in the Indian Army on the post of Colonel and is unlikely to flee or tamper with evidence as all the prosecution witnesses are police personnel. 8. Per contra, learned State Counsel would oppose the bail application by submitting that the serious allegation has been levelled in the F.I.R..The bail application filed before the trial court by the applicant has been dismissed vide order dated 16.03.2024. However, he would fairly concede that the applicant was arrested on 11.09.2023 by the police and since then he is languishing in jail and only one witness has been examined till date. 9. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 10. Accordingly, the bail application is allowed. 11. Let the applicant Rakendu Upadhyay, be released on bail in the aforesaid case on his executing a personal bond and furnishing two reliable sureties each in the like amount, to the satisfaction of the court concerned. (Alok Mahra, J.) 25.06.2025 Mamta 2025:UHC:5427