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2025 DAILYLAW 7947 (UTT)

SULEMAN v. STATE OF UTTARAKHAND

BA1/1065/2025 · 2025-06-20

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5222 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.1065 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mukesh Kumar Kaparuwan, learned counsel for the applicant. 2. Mr. V.S. Pal and Mr. N.S. Kanyal, learned AGA for the State. 3. Present applicant–Suleman S/o Shri Liyakat is seeking regular bail in relation to first information report dated 07.04.2025 bearing FIR No.0314 of 2025, Police Station Manglore, District Haridwar, wherein the present applicant along with Furkan and Raheesa have been implicated for the offences punishable under Sections 103(1). After completion of the investigation, the charge- sheet has been filed for the offence punishable under Section 108 of the B.N.S against the present applicant. 4. It is submitted by learned counsel for the applicant that the applicant married with the deceased three year back and one child was born from their marriage and she was short temper and commit suicide and further submits that the applicant is innocent and has been falsely implicated, which is evident from the statement of the complainant as well as the father of the deceased. He further submits that PW-1 and PW-2 have already been declared hostile and since the present applicant is languishing in jail since 06.05.2025 and the trial has already been commenced, and as such, there is no need of custodial interrogation of the present applicant. Apart from this, he submits that the brother and the father of the deceased, in their statement, clearly stated that the present applicant never harm and harass his wife (deceased). 5. On the other side, Mr. V.S. Pal, learned AGA has not disputed that the charge-sheet has already been filed and PW-1 and PW-2 have already been declared hostile, therefore, there is no need of custodial interrogation of 2025:UHC:5222 the present applicant. 6. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the trial has already been commenced and the two material witnesses have already been declared hostile, and, furthermore, the father of the deceased has not support the case of the prosecution, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Suleman, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 20.06.2025 R.Bisht 2025:UHC:5222