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2026 DAILYLAW 9213 (UTT)

SHAHRAUKH ANSARI v. STATE OF UTTARAKHAND

BA1/1938/2025 · 2026-07-29

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010162072025 2026:UHC:6573 UKHC010162072025 BA1/1938/2025 Shahraukh Ansari --Applicant Versus State of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. Mr. M.S. Pal, learned senior counsel for the applicant. 2. Ms. Rangoli Purohit, learned AGA, for the State of Uttarakhand. 3. The present applicant – Shahraukh Ansari S/o Mohd. Usman, is praying for bail in a reference to FIR dated 01.05.2025 bearing Case Crime No.78 of 2025, Police Station Rajpur, Dehradun, District Dehradun, wherein, the present applicant has been implicated for the offence punishable under Sections 109 of BNS, 2023. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and there is no eye witness of the incident and on hearsay and presumption, the chargesheet has been filed. He further submits that the applicant is languishing in jail since 01.05.2025, and there is previous antecedent of one case relating to the commission of rape, wherein, he has already been enlarged on bail. Apart from this, he submits that though the chargesheet was filed on 06.07.2025, but trial has not been concluded so far, and therefore, taking into consideration that the present applicant is languishing in jail since last more than one year, the applicant be released on bail. 5. On the other side, Ms. Rangoli Purohit, learned AGA, vehemently opposed the bail application by submitting that the present applicant is the only person, who has been chargesheeted in the said offence and the injured sustained grievous injury on the most vital part of the body, which is also danger to the life as per the statement of the Doctor. She further submits that the chargesheet has already been filed and the present applicant is languishing in jail since 01.05.2025. 6. After hearing the submissions of the learned counsel for the parties, and taking into consideration that chargesheet has already been filed, and there is no possibility that the trial would be expedited soon, and the present applicant is languishing in jail since last more than one year, therefore, this Court is of the view that the applicant deserves for bail. 7. Accordingly without expressing any opinion on the merits of the case, bail application is allowed. 8. Let the applicant – “Shahraukh Ansari”, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned, subject to the following conditions:- (a) After being released on bail the applicant shall join the Trial Court proceedings on each and every date without seeking any unnecessary adjournment. (b) The applicant shall surrender his passport (if any) to the Trial Court within three days’ after being released on bail. (c) The applicant shall not indulge in future in any such criminal activity. (c) The applicant shall report to the concerned nearest Police Station on 1st day of every month till the conclusion of trial and the concerned SHO shall record his presence. (d) On breach of any such conditions, the prosecution is directed to move an application for cancellation of bail granted to the applicant. (Rakesh Thapliyal, J.) 29.07.2026 Nitesh/