Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5155 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.144 of 2024 Hon’ble Alok Mahra, J.
Mrs. Pushpa Joshi, Senior Advocate, assisted by Ms. Chetna Latwal, Advocate for the applicants.
Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand.
2. This is second bail application moved by the applicants, seeking regular bail in F.I.R. No.287 of 2022, under Section 302, 323, 504 & 34 I.P.C., registered at Police Station Bajpur, District Udham Singh Nagar.
3. The first bail application moved on behalf of the applicants was dismissed by Coordinate Bench of this Court, on
03.10.2023.
4. Learned Senior Counsel for the applicants submits that applicants have falsely been implicated in the instant crime and are languishing in jail since long. She submits that P.W.6 and P.W.7 have turned hostile; that, applicants and complainant are members of the same family and it is not a case of homicidal death; that there was no pre-mediation and pre-planning, therefore, no offence is made out under Section 302 of I.P.C. She submits that in case, the applicants are granted bail, they will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.
5. Per contra, learned State Counsel submits that all the witnesses in their statements recorded under Section 161
2025:UHC:5155 Cr.P.C. have fully supported the prosecution version and have stated that the applicants have committed Maarpit with the deceased-Angad Lal as well as with Bhagwati. Furthermore, applicants confessed their guilt and, during investigation, Varma and Pathal (sharp- edged weapons) were recovered from the house of the applicants.
6. I have considered the submission advanced by the learned counsel for the parties.
7. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the applicants at this stage.
8. Consequently, the second bail application is rejected.
(Alok Mahra, J.)
19.06.2025 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D 454C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.06.19 17:32:25 +05'30'
2025:UHC:5155