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2026 DAILYLAW 4717 (UTT)

SURENDRA KUMAR v. STATE OF UTTARAKHAND

BA2/337/2025 · 2026-01-10

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:495 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 BA2 No. 337 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. S.R.S. Gill, learned counsel for the applicant. 2. Mr. Himanshu Sain and Mrs. Meenakshi Sharma, learned Brief Holders for the State. 3. The present applicant ‘Surendra Kumar’ S/o Shri Shishram Puniya is praying for bail in reference to First Information Report dated 09.10.2025 bearing FIR No. 364 of 2025 P.S. Kotwali Roorkee, District Haridwar, wherein, the present applicant has been implicated for the offences punishable under Sections 168, 318(4) and 338 of BNS, 2023. On completion of investigation the penal section of 318(4) has been deleted since nothing was found in this regard. 4. This is the second bail application and the First Bail Application was rejected on 01.12.2025. 5. It is argued by learned counsel for the applicant that the first bail application was rejected only on account of his previous criminal history and on the previous date the State was directed to get the complete history of the present applicant and instruction were sought since the applicant belongs to Rajasthan. 6. Apart from this, he submits that the present applicant is languishing in jail since 09.10.2025 and the charge-sheet has already been filed and, therefore, there is no any question for tampering with any evidence. 7. On the other side, since on the previous date the State was directed to get the instructions about the past history of the applicant and today Mrs. Meenakshi Sharma apprise to this court on written instructions that the present applicant have no previous criminal history. 8. After hearing the argument of learned counsel for the parties and further taking into consideration that the present applicant is languishing in jail since 09.10.2025 and have no previous criminal history and the charge-sheet has 2026:UHC:495 already been filed, this court is of the view that the present applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case present bail application is allowed. 10. Let the applicant ‘Surendra 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. (Rakesh Thapliyal, J.) 10.01.2026 PR 2026:UHC:495