Office Notes, reports, orders or proceedings SL.

Date or directions and COURT’S OR JUDGES’S ORDERS No Registrar’s order with Signatures BA1 No. 546 of 2025 Hon’ble Rakesh Thapliyal, J.

1. Mr. Suryakant Maithani, learned legal aid counsel for the applicant.

2. Mr. Siddhartha Bisht, learned A.G.A. with Mr.

Himanshu Sain, learned Brief Holder for the State.

3. The present applicant moved this bail application on an application, which was forwarded by the Jailor of District Jail, Haridwar, and praying for regular bail in relation to First Information Report dated 11.10.2022 bearing Case Crime No. 528 of 2022 in which the charge sheet was filed and now Session Trial No. 16 of

2023 has already been commenced.

4. It is submitted by the learned counsel for the applicant that the applicant was arrested in this crime on 11.10.2022 and since then he is in jail. He further submits that as per the prosecution there are in total 19 witnesses and uptill date only 8 witnesses have been examined and there is a delay in trial and it is not possible that the trial be expedited soon.

5. Apart from this, he submits that the applicant have no previous criminal history and only based upon the post-mortem report the applicant has been implicated and there is no any direct link evidence against the applicant.

6. On the other side, the State counsel have not disputed this fact that charge sheet was filed on 09.01.2023 and trial was commenced in 2023, however, uptill date only 8 witnesses have been examined.

7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the present applicant is languishing in jail since 11.10.2022 and in this particular case the charge sheet was filed on 09.01.2023 and thereafter the trial has commenced but uptill date out of 19 witnesses only 8 witnesses have been examined, this court is of the view that there is a delay in trial for no fault of applicant and the applicant is languishing in jail since last more than two years, therefore, the applicant deserves for bail.

8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.

9. Let the applicant ‘Amit 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.

10. It is made clear that after being released on bail the applicant is directed to cooperate with the trial.

(Rakesh Thapliyal, J.)

21.05.2025

PR