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2025 DAILYLAW 7856 (UTT)

RAJESH KUMAR v. STATE OF UTTARAKHAND

BAC/11/2025 · 2025-08-20

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7340 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BAC No.11 of 2025 Hon’ble Pankaj Purohit, J. Mr. Deep Chandra Joshi, Advocate for the applicant. 2. Mr. S.C. Dumka, A.G.A. for the State. 3. Mr. Arvind Vashitha, learned Senior Advocate for respondent no.2. 4. This application has been filed seeking cancellation of the bail granted to the respondent no.2 – Amit Kumar Saini, by the Co-ordinate Bench of this Court on 20.02.2024. The bail was granted subject to furnishing personal bond with two sureties and subject to conditions, including not contacting the informant or his family members and putting no influence on witnesses. 5. A report was sought from the Senior Superintendent of Police, and subsequently, learned counsel for respondent no.2 filed a counter affidavit opposing the cancellation. 6. The learned counsel for the State submitted that the cancellation application was filed following the registration of an FIR against the respondent no.2. 7. Per contra, learned counsel for respondent no. 2 contended that the police had been influenced by the complainant and that the grounds for cancellation of bail granted to respondent no.2 are baseless, relying on the video footage. 8. The videos that have been pointed out by the counsel for the applicant included footage allegedly showing complainant’s influence over police and certain disturbances in the vicinity of respondent no. 2025:UHC:7340 2’s residence which does not establish any violation by the respondent no.2 nor do they provide sufficient ground to warrant cancellation of bail. 9. This Court is of the view that the evidence presented does not meet the requirement for cancellation of bail, especially in the absence of any clear demonstration that the respondent no.2 has violated bail conditions or has otherwise engaged in unlawful activities related to the case. 10. Therefore, considering the entire material available on record and the submissions of learned counsel for both parties, the application for cancellation of bail is dismissed. 11. The bail granted to the respondent no.2 on 20.02.2024 shall continue, to remain in force, subject to the original conditions imposed. 12. The respondent no.2 is, however, reminded to strictly adhere to all the conditions of bail, particularly with regard to not contacting with the complainant or witnesses. (Pankaj Purohit, J.) 20.08.2025 SK