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2026 DAILYLAW 4242 (UTT)

JATIN CHAUDHARY v. STATE OF UTTARAKHAND

BA1/2022/2025 · 2026-01-06

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:242 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 No. 2022 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Mr. Bharat Chaudhary, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Additional Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Jatin Chaudhary’ S/o Babit Kumar is praying for bail in reference to Case Crime No. 174 of 2025 arising out of First Information Report dated 17.03.2025 bearing FIR No. 0174 of 2025 P.S. Pathari, District Haridwar, wherein, now the applicant is facing the trial for the offences punishable under Sections 103(1), 190, 191(2), 191(3), 61(2)(A) of BNS, 2023 r/w Section 3(1)(r), 3(2)(v) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 as well as Section 3/25 of Arms Act. 4. It is argued by the learned counsel for the applicant that in respect of this incident there is a cross version and the cross FIR has been lodged and the investigation is still pending, however, in this particular case the charge-sheet has already been filed and as many as in total seven persons have been chargesheeted and all the other co- accused persons have been enlarged on bail except the present applicant. 5. He further submits that the present applicant is languishing in jail since 18.03.2025. With regard to the past history of the present applicant he submits that the applicant has been implicated in all the previous case in peshbandi and have already been enlarged on bail. He further submits that in this incident the applicant also sustain grievious injuries, which is evident from the fact that the applicant was admitted by the police official in the Hospital at Roorkee and then referred to the higher center i.e. AIIMS, Rishikesh. 6. On the other side, learned State counsel have not disputed that all the other co-accused 2026:UHC:242 have already been enlarged on bail and there is a cross FIR in which the investigation is going on and in this incident the applicant also sustain grievious injuries. 7. Be that as it may, now the trial has already been commenced and the applicant is languishing in jail since 18.03.2025 and all the other co-accused have already been enlarged on bail, therefore, this court is of the view that there is no useful purpose to keep the present applicant in custody; however, taking into consideration the past conduct of the present applicant some stringent conditions should be imposed. 8. Accordingly, without expressing any opinion the instant bail application is allowed. 9. Let the applicant ‘Jatin Chaudhary’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 10. It is made clear that after being released on bail the applicant shall report to the nearest police station on the first day of every month and the concerned SHO is directed to record his presence on the first date of every month, failing which the Trial Court is directed to take immediate steps. 11. It is further made clear that after being released on bail the applicant shall join the trial court proceeding on each and every date, failing which the concerned court is directed to take immediate steps against the applicant. (Rakesh Thapliyal, J.) 06.01.2026 PR 2026:UHC:242