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2025 DAILYLAW 8149 (UTT)

VINAY VERMA ALIAS BANTU v. STATE OF UTTARAKHAND

BA2/166/2025 · 2025-08-08

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.166 of 2025 Vinay Verma @ Bantu ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Abhishek Verma, Advocate for the applicant. Mr. V.S. Rawat, A.G.A. for the State. Mr. S.R.S. Gill, Advocate for the informant. With Second Bail Application No.148 of 2025 Atul Rathore ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. M.K. Ray, Advocate for the applicant. Mr. V.S. Rawat, A.G.A. for the State. Mr. S.R.S. Gill, Advocate for the informant . Hon’ble Ravindra Maithani, J. (Oral) Since both these bail applications arise from one and the same FIR, they are decided by this common order. 2. Applicants Vinay Verma @ Bantu and Atul Rathore are judicial custody in FIR/Case Crime No. 625 of 2020, under Sections 302, 120B IPC and 3/25 of the Arms Act, 1959, Police Station Rudrapur, District Udham Singh Nagar. Applicant Vinay Verma @ Bantu is in judicial custody in Sessions Trial No.44 of 2021. They have sought their release on bail. 3. Heard learned counsel for the parties and perused the record. 2 4. Deceased was killed in his house on 12.10.2020 at 8:45 in the morning. The assailants have come in a car. 5. First bail application of the applicant Vinay Verma @ Bantu has been rejected on 04.12.2024 and bail application of the applicant Atul Rathore was dismissed as withdrawn on 02.04.2024. 6. Learned counsel for the applicants submits that based on a CCTV footage, the applicants were implicated in the case that too when a witness Madhvi Gangwar had during investigation allegedly identified the applicants as assailants in the CCTV footages. It is argued that Madhvi Gangwar has been examined as witness now, but she has not identified the applicants as assailants. Therefore, it is submitted that it is a case fit for bail. 7. These facts are admitted by learned State counsel as well as the learned counsel for the informant. 8. Having considered the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail. 9. The bail applications are allowed. 10. Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, by each one of them, each of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 08.08.2025 Jitendra