Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA2 No. 202 of 2023 Hon’ble Alok Mahra, J.
Mr. Sandeep Kothari, learned amicus curiae for the applicant.
2. Mr. K.L. Rawal, learned A.G.A. for the State.
3. The applicant – Sethpal Singh @ Setha, who is in judicial custody in connection with FIR/Case Crime No. 382 of 2019, under Sections 302, 364 and 404 of IPC, registered at P.S.- Kotwali Nagar, District Haridwar, has sought his release on bail.
4. Heard learned counsel for the parties and perused the records.
5.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The ground taken by
learned counsel for the applicant is that the body of the deceased has not been recovered till date. Learned counsel further submits that applicant has been falsely implicated only on the basis of CCTV footage of Railway Station, Haridwar and as per the prosecution story, the deceased was thrown in River Ganges from Birla Ghat, which is about 2 kilometres from Railway Station.
Learned counsel also submits that there is no other independent witness of the incident and that the applicant is in jail since 08.09.2019 and all the prosecution witnesses have been examined, thus, there is no chance of tempering with the evidence
or influencing the witnesses.
6. Per contra, learned State Counsel submits that mobile of the deceased was recovered from the house of the applicant on his pointing.
7. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
8. Accordingly, the present second bail application is allowed.
9. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned.
10. Registry is directed to forward the copy of this bail order to the concerned court as well as the concerned jail through e-mail, as
learned counsel for the applicant is amicus curiae in the matter.
(Alok Mahra J.)
04.06.2025 Ujjwal