Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No.

and Registrar’s order with Signatures BA2 No. 184 of 2025 BA2 No. 185 of 2025 Hon’ble Rakesh Thapliyal, J.

1. Mr. Saurabh Kumar Pandey, 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. These two second bail applications have been moved by the applicants Amit Agnihotri S/o Shri Kuldeep Singh and Ashish Tiwari @ Ankit Tiwari S/o Shri Vishnu Kant Tiwari praying for bail in reference to First Information Report dated 17.02.2022 bearing FIR No. 0030 of 2022 P.S. Pulbhatta, District Udham Singh Nagar, wherein, after filing the charge-sheet both the applicants are facing the trial for the offences punishable under Sections 302, 201, 120B r/w Section 34 of IPC in Session Trial No. 68 of 2022 ‘State vs. Shilpa and Others’.

4. The first bail applications of both the applicants were rejected by this court on 25.03.2025. Now, these two separate bail applications have been moved by the applicants praying for bail on the ground that there are in total 31 prosecution witnesses and uptill date only 8 prosecution witnesses have examined and there is no any possibility that within short span of period the trial would be expedited. He placed before this court the current status of the trial as on 17.12.2025.

5. It is argued by the learned counsel for the applicants that both the accuseds were arrested on 19.02.2022 and since then they are in jail and suffered long incarceration. He submits that taking into consideration that both the applicants suffered long incarceration since they are in jail since last more than 3 years 11 months and uptill date out of 31 prosecution witnesses only 8 witnesses have been examined, therefore, both the applicants be enlarged on bail.

6. On the other side, learned State counsel have not disputed that both the applicants were arrested on 19.02.2022 and since last more than 3 years 11 months they are in jail and uptill date as per the current status as shown by the learned counsel for the applicants out of 31 prosecution witnesses only 8 witnesses have been examined.

7. After hearing the arguments of learned counsel for the parties and taking into consideration that the present applicant is in jail since 19.02.2022 and already suffered long incarceration and out of 31 prosecution witnesses only 8 witnesses have been examined, this court is of the view that both the applicants be enlarged on bail.

8. Accordingly, both the bail applications are allowed.

9. Let both the applicants ‘Amit Agnihotri’ and Ashish Tiwari @ Ankit Tiwari’ be released on bail on furnishing their personal bond and two reliable sureties by each of them to the satisfaction of the court concerned.

10. It is made clear that after being released on bail both the applicants shall not make any attempt to influence or to threaten any witness and will join the trial court proceeding on each and every date, failing which the Trial Court is at liberty to take immediate steps against both the applicants.

(Rakesh Thapliyal, J.)

10.01.2026 PR