SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA2 No. 7 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. H.C. Pathak, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy Advocate General for the State. 3. The present applicant ‘Aman Kumar’ S/o Supendra Singh’ is praying for regular bail in relation to First Information Report dated 26.10.2021 bearing FIR No. 0441 of 2021 P.S. Nehru Colony, District Dehradun, wherein, five persons were implicated for the offences punishable under Sections 302 r/w Section 35 and Section 323, 285 and 304 of IPC. 4. This is the second bail application and the first bail application No. 389 of 2023 was rejected by the Coordinate Bench along with the bail application of the other co-accused by a detailed and very reasoned order dated 19.09.2024, the copy of which is enclosed as Annexure-1. Thereafter, one of the accused Faizal approached the Hon’ble Apex Court and the Hon’ble Apex Court in Criminal Appeal No. 5474 of 2024 ‘Faizal vs. State of Uttarakhand granted bail by the order dated 18.12.2024 and while granting bail the Hon’ble Apex Court considered two aspects one is the long incarceration and delay in conclusion of the trial since out of 43 witnesses only 7 witnesses have been examined and second the cause of death of the victim, which was not clear. 5. Thereafter, other three co-accused Saurabh Pratap @ Shubham, Sahid Mehtab Ansari and Nikhil Chamoli have also approached to the Hon’ble Apex Court and the Hon’ble Apex Court also granted bail to each of them on 21.04.2025. 6. In the present case applicant was arrested on 22.02.2022 and learned counsel for the applicant submits that even as on date out of 43 witnesses only 7 witnesses have been examined. 7. On the other side, Mr. Deepak Bisht, learned Deputy Advocate General submits that the detailed counter affidavit has been filed, however, he has not disputed this fact that four co-accused persons have already been enlarged on bail by the Hon’ble Apex Court. 8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the applicant is in custody since 22.02.2022 and uptill date only 7 witnesses out of 43 witnesses have been examined, therefore, this court is of the view that there is no need to be detained in custody of the applicant any longer and furthermore keeping in view of the fact that the other co- accused have already been enlarged on bail by the Hon’ble Apex Court, this court is also of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the instant second bail application is allowed. 10. Let the applicant ‘Aman Kumar’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 11. It is made clear that after being released on bail the applicant shall attend the proceeding of the Trial Court and will not seek unnecessary adjournment and if the applicant abstain from attending the Trial Court proceeding without justifiable cause then the Trial Court will be free to pass an appropriate order including the cancellation of bail. (Rakesh Thapliyal, J.) 23.06.2025 PR