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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 1524 of 2025 Hon’ble Alok Mahra, J.
Mr. Lalit Sharma, Mr. D.C.S. Rawat, learned counsels (through V.C.) and Mr. Bharat Chaudhary, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. This first bail application has been moved by the applicant seeking regular bail in Case Crime/F.I.R. No. 161 of 2025, under Sections 3(5), 61(2), 103(1) and 238 of BNS, registered at Police Station Kotwali Kotdwar, District Pauri Garhwal.
4. In the present case, an FIR was lodged by the brother of the deceased on 17.06.2025 under Sections 3(5), 61(2), 103(1) and 238 of BNS, wherein, it was alleged that on 05.06.2025, he received a telephonic call from Police Station Kotdwar that the body of their brother has been found in which the wife of the deceased was named. During investigation, name of the applicant was also figured as the Investigating Officer found that the applicant was in continuous touch with the wife of the deceased since 01.06.2025 till
06.06.2025. Besides these calls, there is a recovery of a shovel been shown from the house of the applicant in Nagina.
5.
Learned counsel for the applicant would submit that in the post-mortem report, the cause of death could not be ascertained and only left rip of the deceased has been fractured. Besides this, there are no other
injuries on the body of the deceased.
6. Learned State Counsel, on the other hand, has vehemently opposed the bail application and would submit that there is also a CCTV footage, wherein, the wife of the deceased could be seen with one another person on 02.06.2025. Though, learned State Counsel has also admitted the fact that in the CCTV footage, only the wife of the deceased is identified, but, the other person driving the car is not identifiable.
7.
Learned counsel for the applicant has further submitted that chargesheet has been filed and there is no chance of tampering with the evidences or influencing the witnesses.
8. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.
9. The bail application is allowed.
10. Let the applicant, namely Paritosh Kumar, be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of the Court concerned.
(Alok Mahra J.)
Vacation Judge
22.01.2026 Ujjwal