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2025 DAILYLAW 8705 (UTT)

DURGA DEVI v. STATE OF UTTARAKHAND

BA1/1174/2025 · 2025-08-19

Ashish Naithani

body2025

Judgment text

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2025:UHC:7327 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BAI No.1174 of 2025 Hon’ble Ashish Naithani, J. Mr. Navnish Negi, learned counsel for the Applicant. 2. Mr. Girish Chandra Joshi, learned AGA for the State of Uttarakhand. 3. Present bail application has been moved on behalf of the Applicant. The Applicant is in judicial custody in connection with Case Crime No.120 of 2024 for the offence punishable under Sections 420, 467, 468, 471 and 120-B of IPC registered at P.S. Kotwali Kotdwara, District Pauri, Uttarakhand. 4. Heard Mr. Navnish Negi, learned counsel for the Applicant and Mr. Girish Chandra Joshi, learned AGA for the State of Uttarakhand . 5. Learned counsel for the applicant submits that the co-accused Maqbool Ahmad has been granted bail by this Court vide order dated 03.04.2025 and co-accused Smt. Kusum @ Kosar has been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 07.10.2025 in the similar offence. Thus, he submits that the co- accused persons have been enlarged on bail in the similar offence the applicant is also entitled to be released on bail on the ground of parity. 6. Learned State counsel has vehemently opposed the bail application and submits that it is a heinous crime. 7. After hearing the learned counsel for the parties, on perusal of the record and without going into the merits of the case, this Court is of the opinion that Applicant deserves to be enlarged on bail. 8. Accordingly, the bail application is allowed. Let the Applicant-Durga Devi be released on bail on her furnishing a personal bond and two sureties of 2025:UHC:7327 the like amount to the satisfaction of court concerned on the following conditions:- i. The applicant shall co-operate with the investigation. ii. The applicant shall not approach any witness in any manner, whatsoever. iii. The applicant shall not leave the country without prior permission of the court concerned. iv. The applicant shall deposit her passport with the AO. The passport may only be returned by order of the court concerned. In case, the applicant does not have passport, he shall given an undertaking to that effect. v. The applicant shall also give an undertaking on (i), (ii) & (iii) above. (Ashish Naithani, J.) 19.08.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.08.21 12:29:54 +05'30'