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2026 DAILYLAW 8881 (UTT)

VIJAY PAL ALIAS SETHU v. STATE OF UTTARAKHAND

BA1/1512/2025 · 2026-07-23

Rakesh Thapliyal

body2026

Judgment text

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UKHC010129202025 2026:UHC:6262 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1512/2025 Vijay Pal Alias Sethu --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Ms. S.K. Chaudhary, learned counsel for the applicant. 2. Mr. B.C. Joshi, learned AGA for the State. 3. Present applicant “Vijay Pal @ Sethu, son of Chandru”, is praying for regular bail in reference to FIR dated 23.10.2023 bearing FIR No. 222 of 2023 registered at Police Station – Khanpur, District – Haridwar wherein on completion of the investigation, charge sheet was filed and the applicant is summoned to face the trial for the offence punishable under Section 302 IPC. 4. It is argued by the learned counsel for the applicant that charge sheet was filed in the month of January, 2024 and the applicant was arrested on 23.10.2023 and since then, he is languishing in jail. Deceased was wife of the applicant and the incident was happened on 23.10.2023, and she was admitted in Government Hospital, Haridwar from where she was referred to AIIMS Rishikesh where she died on 27.10.2023 during treatment. He submits that cause of death is due to thermal burn injuries. He further submits that during trial children of the applicant, who were eye witness were declared hostile and there are in total 18 prosecution witnesses, out of which, uptil date only, 6 prosecution witnesses have been examined and there is no possibility that trial would be expedited soon. 5. On the other side, learned State Counsel submits that there is dying declaration of the UKHC010129202025 2026:UHC:6262 deceased, in which deceased made direct allegation against the applicant, however, he has not disputed that applicant is languishing in jail since 23.10.2023 and still 12 prosecution witnesses have to be examined, therefore, the trial would not be expedited soon. 6. After hearing the learned counsel for the parties and taking into consideration that applicant is languishing in jail since 23.10.2023 and out of 18 prosecution witnesses, uptil date only, 6 prosecution witnesses have been examined, therefore, there is no possibility that trial would be expedited soon though the children of the applicant were declared hostile, therefore, this Court is of the view that applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant “Vijay Pal @ Sethu, son of Chandru”, be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned subject to this condition that after being released on bail, applicant shall join the trial court proceeding on each and every date without seeking any unnecessary adjournment. (Rakesh Thapliyal, J.) 23.07.2026 SKS UKHC010129202025 2026:UHC:6262