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2025 DAILYLAW 8573 (UTT)

RAHEES AHMAD v. STATE OF UTTARAKHAND

BA1/1151/2025 · 2025-07-03

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5680 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. 1151 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Kaushal Pandey and Mr. Mehboob Rahi, learned counsel for the applicants. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Both the applicants are praying for regular bail in relation to First Information Report dated 13.08.2008 bearing Case Crime No. 416 of 2008, wherein, the applicants along with 12 others were implicated for the offence punishable under Section 2/3 of Gangster Act. 4. It is submitted by the learned counsel for the applicants that in respect of applicant no. 1 three cases has been shown and in all of them he has been bailed out. In two cases he was convicted and after conviction the bail was granted. So far as the applicant no. 2 is concerned in reference to this accused he submits that in his case the trial i.e. SST No. 13 of 2022 is going on in the court of IInd Additional Sessions Judge Gangster Act, Rudrapur, District Udham Singh Nagar, but subsequently due to non appearance the non- bailable warrant was issued, thereafter he has moved a bail application and the same has been rejected. 5. Learned counsel for the applicants further submits that the trial in SST No. 13 of 2022 is at a concluding stage and since the applicant was already on bail in this case and only due to non appearance the bail was cancelled, therefore, the applicant be enlarged on bail. 6. On the other side, learned Brief Holder Mr. Himanshu Sain seriously oppose the bail application by submitting that both the applicants are habitual offender and the Gang leader is Raseed Ahmad and both the applicants are closely associated with the gang leader and repeatedly indulged in the criminal activities. 7. After hearing the arguments of learned counsel for the parties and further taking into 2025:UHC:5680 consideration the pending cases against him and furthermore the trial is at a concluding stage, therefore this court is of the view that both the applicants do not deserve for bail. 8. Accordingly, the bail application is rejected. 9. Since the trial is going on in the court of Additional Sessions Judge, Gangster Act, Rudrapur, Udham Singh Nagar, therefore, the Trial Court is directed to conclude the trial of SST No. 13 of 2022 as early as possible preferably within six months from today. (Rakesh Thapliyal, J.) 03.07.2025 PR 2025:UHC:5680