2025:UHC:6485 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI 23rd July, 2025 FIRST BAIL APPLICATION NO. 1170 of 2025 Kalicharan …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Shailabh Pande, Legal Aid Counsel. Counsel for the State : Mr. G.C. Joshi, A.G.A. Hon’ble Ashish Naithani, J. The present Bail Application has been moved by the Applicant-Kalicharan, aged about 52 years, son of Shri Bihari Lal, resident of Village Ramleela Colony, Police Station Sungadi, District Pilibhit, Uttar Pradesh. The Applicant is currently in judicial custody in connection with FIR No. 11 of 2024, registered at Police Station Jhankaiiya, District Udham Singh Nagar, under Sections 302, 307, 34, 394, 120B, 458, and 411 of the Indian Penal Code, 1860. 2. Heard Mr. Shailabh Pandey, learned Legal Aid Counsel for the Applicant, and Mr. G.C. Joshi, learned A.G.A. for the State. Perused the record. 3. Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the present case. It is contended that there is no eyewitness to the alleged incident, and that the Applicant has no previous criminal history or conviction. The Applicant has been in custody since 27.01.2024. It is further submitted that co-accused Pawan has already been granted bail by this Court vide order dated 1 First Bail Application No. 1170 of 2025 – Kalicharan vs. State of Uttarakhand. Ashish Naithani J. 2 2025:UHC:2250 26.03.2025 in First Bail Application No. 2173 of 2024, and the case of the present applicant stands on the same footing. Therefore, it is argued that the applicant is entitled to bail on the ground of parity. 4. On the other hand, learned A.G.A. has opposed the bail application. However, it is not disputed that co-accused Pawan has already been granted bail under similar circumstances. 5. Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the Applicant is entitled to bail at this stage on the ground of parity. 6. The bail application is accordingly allowed. 7. Let the Applicant 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, subject to the following conditions: (i) The applicant shall not tamper with the evidence or influence any witness. (ii) The applicant shall appear before the trial court as and when required and shall not leave the jurisdiction of the trial court without prior permission. (iii) In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail. 8. All pending applications, if any, stand disposed of. ___________________ ASHISH NAITHANI, J. Dt: 23.07.2025 Shiksha 2 First Bail Application No. 1170 of 2025 – Kalicharan vs. State of Uttarakhand. Ashish Naithani J.