HIGH COURT OF UTTARAKHAND
RAMDAS – Appellant
Versus
STATE OT UTTARAKHAND – Respondent
BA1 539 / 2025
Office Notes, reports, orders or proceedings SL.
Date or directions COURT’S OR JUDGE’S ORDERS No.
and Registrar’s order with Signatures BA1/ 539/ 2025 Hon'ble Rakesh Thapliyal, J.
1. Mr. Mayank Joshi, learned counsel for the applicant though Legal Aid.
2. Mr. Siddharth Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant Ramdas, S/o Gowardhan is praying for regular bail in relation to FIR dated 13.05.2019 registered as FIR/Case Crime No. 89 of 2019 at P.S. Gadarpur District Udham Singh Nagar wherein the present applicant has been implicated for the offence punishable under Section 302 IPC.
4. It is submitted by the learned counsel for the applicant that applicant is languishing in jail since 14.05.2019 and the charge sheet has been filed on 05.08.2019 and thereafter trial has been commenced and there are in total 27 witnesses, however, up till date only six witnesses have been examined. He submits that there is apparently delay in trial of no fault of the applicant.
5. On the other side, learned State Counsel have not disputed this fact that the present applicant is languishing in jail since 14.05.2019 and up till date only six witnesses have been examined and 21 witnesses still have to be examined.
6. After hearing the arguments of the learned counsel for the parties and further taking into consideration that the applicant is in long incarceration since last more than 6 years and up till date out of 27 witnesses only six witnesses have been examined and apparently there is delay in trial, this Court is of the view that the applicant cannot be detained for indefinite period and as such deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
13. Let the applicant Ramdas be released on bail on his executing a personal bond subject to the condition that after being released on bail the applicant will furnish two sureties of the equal amount to the satisfaction of the court concerned. It is also made clear that after being released on bail the applicant will cooperate with the trial.
(Rakesh Thapliyal, J.)
22.05.2025 Parul
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