Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
2025:UHC:7600
BA 2nd No.195 of 2025 Hon’ble Ashish Naithani, J.
Mr. R.S. Sammal, Ms. Sarita Bisht, learned counsel for the Applicant.
2. Mr. B.C. Joshi, learned AGA with Mr. Vijay Khanduri, learned Brief Holder, for the State of Uttarakhand.
3. The applicant is currently in judicial custody in connection with FIR No. 77 of 2024, registered at Police Station Transit Camp, District Udham Singh Nagar, for offences punishable under Sections 307, 504, 506, and 34 of the Indian Penal Code, along with Sections 4/25 of the Arms Act.
4.
Learned counsel for the Applicant submits that PW 1 Sri Rohit Gupta and PW 2 Yash Gupta, who are the real brothers are not the eye witnesses, and PW 3 is the mother is also not the eye witness to the incident. Their statements have been recorded whereby it is evident that they did not see the incident and they are not the eye witnesses and thereby the grounds of bail are sufficient, whereas, it is further submitted that there are two witnesses, namely, Rohit Gupta and Kanhaiya Gupta, who informed PW1, PW2 and PW3, who are the brother and the mother of the victim, who was attacked by small knife and stabbed in the stomach and neck causing him to collapse, and they have not been examined so far, and since at this juncture, there is no evidence against the Applicant – Lakha Singh, should be enlarged on bail.
5. Second bail application has been vehemently objected by the learned Government Counsel on the ground that the said eye witnesses, namely, Sri Rohit Gupta and Sri Kanhaiya Gupta are yet to be examined, unless they say otherwise before the Court,
there are no grounds to grant the bail to the Applicant.
6. Considering the overall facts and circumstances of the case, this is not a fit case to grant bail to the Applicant.
7. Consequently, the second bail application is dismissed.
(Ashish Naithani, J.) 27.08.2025 Nitesh/