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UKHC010068782025
2026:UHC:6558 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/835/2025
Sultan --Applicant Versus State Of Uttarakhand --Respondent
Hon’ble Rakesh Thapliyal, J.
1. Mr. Ankur Sharma, learned counsel for the applicant. 2. Mr. Sandeep Sharma and Mrs. Rangoli Purohit, learned A.G.A. for the State. 3. The applicant ‘Sultan’ S/o Gulzar is praying for bail in reference to First Information Report dated 10.10.2022 bearing FIR No. 0394 of 2022 P.S. Vikasnagar, District Dehradun, which was lodged against the unknown person for the offence punishable under section 302 of IPC. 4. During investigation the applicant was arrested on 11.10.2022 on the basis of statement of one of the witness alleged to be seen in the CCTV footages. It is submitted by the learned counsel for the applicant that based on the CCTV footages the applicant has been implicated and except this there is no such material against the applicant including with regard to intention or motive. He further submits that as per the prosecution there are in total 16 prosecution witnesses and uptill date only 7 prosecution witnesses have been examined and the present applicant is languishing in jail since last more than three years w.e.f 11.10.2022 and there is no possibility that trial would be expedited soon. 5. On the other side, learned A.G.A. submits that after collecting credible evidences and on pointing out of the recovery of stick, which was used in commission of crime, the applicant has been chargesheeted. He also submits that in the CCTV footages the applicant is seen to commit the
UKHC010068782025
2026:UHC:6558 crime. 6. Be that as it may, the submissions as advanced by the learned A.G.A. are completely the subject matter of trial but the fact remains that the applicant is not named in the FIR and even otherwise, now the charge-sheet has been filed and the trial is going on but uptill date only 7 witnesses are examined and still 9 witnesses have to be examined, therefore, there is no any possibility that the trial would be expedited soon, therefore, taking into consideration that the present applicant is languishing in jail since more than three years i.e. w.e.f. 11.10.2022 and as apprised he has no criminal antecedent and there is no possibility that the trial would be expedited soon, this court is of the view that the 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 ‘Sultan’ be released on bail on furnishing his personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions: i. After being released on bail he shall join the Trial Court proceeding on each and every date without seeking any adjournemnt. ii. He shall not leave the country without leave of the court and shall surrender his passport, if any, with the Trial Court. iii. He will not make any attempt to threaten any of the witnesses or tamper the evidence. (Rakesh Thapliyal, J.) 29.07.2026 PR
UKHC010068782025
2026:UHC:6558