Uttarakhand High Court
Ukhc010044382025 vs State Of Uttarakhand on 7 July, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
UKHC010044382025
2026:UHC:5470
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/561/2025
Rahul
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
1. Mr. Siddhant Manral, learned legal aid
counsel for the applicant.
2. Mr. Bhaskar Chandra Joshi, learned A.G.A.
with Mr. Vijay Khanduri, learned Brief Holder for
the State.
3. The present applicant ‘Rahul’ S/o Late
Madan praying for bail in reference to First
Information Report dated 10.02.2023 bearing FIR
No. 0139 of 2023 P.S. Laksar, District Haridwar
lodged against the unknown persons for the
offence punishable under section 365 of IPC and
on completion of the investigation in total four
persons were chargesheeted and summoned to
face the trial for the offences punishable under
sections 302, 34, 328, 201, 120B, 376(2)(n) of IPC
and section 5(m)(n)/6 of POCSO Act.
4. It is argued by the learned counsel for the
applicant that the applicant is innocent and is not
named in the FIR and languishing in jail since
13.03.2023 and he has been implicated only on the
statement of the other co-accused, the minor sister
of the deceased, who was also convicted by the
Juvenile Justice Board. He submits that except the
statement of the co-accused, who was juvenile the
sister of the deceased there is no any linked
evidence and since the present applicant is in
prolong incarceration of more than three years
and there is no possibility that trial would be
expedited soon since uptill date out of 35
prosecution witnesses only 16 witnesses have been
examined, therefore, taking into consideration the
long incarceration which the applicant has
suffered he be released on bail.
UKHC010044382025
2026:UHC:5470
5. On the previous date, the Coordinate Bench
directed to place before this court the statement of
the co-accused recorded under section 164 of
Cr.P.C. and today learned A.G.A. has placed
before this court.
6. The I.O. is also present in court. It is a case
in which the present applicant take active
participation in the commission of crime for
killing the brother of the co-accused, who was
juvenile at the time of the incident and other
accused persons namely Krishna and Sohail have
also associate with him and the applicant is the
main accused since he was in love with the sister
of the deceased and then in an organized manner
the applicant with the sister of the deceased and
the other co-accused conspired and commit the
crime. Though the applicant is languishing in jail
since 13.03.2023 but the fact remains the manner in
which this crime was committed in association
with the minor sister of the deceased and then on
pointing out of the present applicant the dead
body was also recovered appears to be serious in
nature and if at this juncture when the trial is
going on the applicant is enlarged on bail there
may be a possibility that he may make an attempt
to influence the witness in association with the
minor sister of the deceased, therefore, at this
juncture, this court is of the view that the
applicant does not deserve for bail.
7. Accordingly, the instant bail application
lacks merit and is rejected.
8. Taking into consideration that the present
applicant is languishing in jail since 13.03.2023 and
out of 35 prosecution witnesses uptill date 16
prosecution witnesses have been examined and
perhaps most of the star witnesses have been
examined, therefore, the Trial Court is directed to
expedite the trial as early as possible preferably
within six months from the date of production of
certified copy of this order.
9. Registry is directed to forward the copy of
order to the concerned Trial Court.
(Rakesh Thapliyal, J.)
07.07.2026
PR
UKHC010044382025
2026:UHC:5470
