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2025 DAILYLAW 7060 (UTT)

KESHAV v. STATE OF UTTARAKHAND

BA2/127/2025 · 2025-06-04

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4507 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No. 127 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Ravindra S Rawat, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. This is the second bail application of the applicant ‘Keshav’ S/o Late Harpal and the First Bail Application was rejected by the Coordinate Bench on 03.08.2021. The present applicant is facing the trial for the offences punishable under Sections 147, 148, 34 and 302 of IPC arising out of Case Crime No. 326 of 2020, P.S. Kotwali Nagar Haridwar, District Haridwar and moved this second bail application on the ground that out of total 15 prosecution witnesses uptill date only 7 witnesses have been examined out of which one prosecution witness the complainant, who as per the prosecution was the eye witness, has been declared hostile. 4. He further submits that the present applicant is languishing in jail since 14.06.2020 and still 8 prosecution witnesses have to be examined and there is no possibility that the trial be expedited soon and furthermore he apprise to this court that all the other co-accused have been enlarged on bail, who have been assigned identical role. 5. On the other side, learned State counsel have not disputed this fact that uptill date out of total 15 witnesses only 7 witnesses have been examined out of which one prosecution witness i.e. the complainant is also declared hostile. 6. Apart from this, learned State counsel has also not disputed this fact that the applicant has no previous criminal history. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the applicant is languishing in jail since 14.06.2020 and is in long incarceration, 2025:UHC:4507 this court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 9. Let the applicant ‘Keshav’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 10. It is made clear that after being released on bail the applicant will not seek unnecessary adjournment and will cooperate with the trial, failing which, the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 04.06.2025 PR 2025:UHC:4507