Uttarakhand High Court
Kalicharan vs State Of Uttarakhand on 23 July, 2025
2025:UHC:6485
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ASHISH NAITHANI
23rd July, 2025
FIRST BAIL APPLICATION NO. 1170 of 2025
Kalicharan ...Applicant
Versus
State of Uttarakhand ...Respondent
Counsel for the Applicant : Mr. Shailabh Pande,
Legal Aid Counsel.
Counsel for the State : Mr. G.C. Joshi, A.G.A.
Hon'ble Ashish Naithani, J.
The present Bail Application has been moved by the
Applicant-Kalicharan, aged about 52 years, son of Shri Bihari
Lal, resident of Village Ramleela Colony, Police Station
Sungadi, District Pilibhit, Uttar Pradesh. The Applicant is
currently in judicial custody in connection with FIR No. 11 of
2024, registered at Police Station Jhankaiiya, District Udham
Singh Nagar, under Sections 302, 307, 34, 394, 120B, 458,
and 411 of the Indian Penal Code, 1860.
2. Heard Mr. Shailabh Pandey, learned Legal Aid Counsel
for the Applicant, and Mr. G.C. Joshi, learned A.G.A. for the
State. Perused the record.
3. Learned counsel for the Applicant submits that the
Applicant has been falsely implicated in the present case. It is
contended that there is no eyewitness to the alleged incident,
and that the Applicant has no previous criminal history or
conviction. The Applicant has been in custody since
27.01.2024. It is further submitted that co-accused Pawan has
already been granted bail by this Court vide order dated
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First Bail Application No. 1170 of 2025 – Kalicharan vs. State of Uttarakhand.
Ashish Naithani J.
2
2025:UHC:2250
26.03.2025 in First Bail Application No. 2173 of 2024, and the
case of the present applicant stands on the same footing.
Therefore, it is argued that the applicant is entitled to bail on
the ground of parity.
4. On the other hand, learned A.G.A. has opposed the bail
application. However, it is not disputed that co-accused Pawan
has already been granted bail under similar circumstances.
5. Considering the facts and circumstances of the case and
without expressing any opinion on the merits of the case, this
Court is of the view that the Applicant is entitled to bail at this
stage on the ground of parity.
6. The bail application is accordingly allowed.
7. Let the Applicant be released on bail on his executing a
personal bond and furnishing two reliable sureties each in the
like amount, to the satisfaction of the Court concerned, subject
to the following conditions:
(i) The applicant shall not tamper with the evidence or
influence any witness.
(ii) The applicant shall appear before the trial court as
and when required and shall not leave the jurisdiction of
the trial court without prior permission.
(iii) In case of breach of any of the above conditions, the
prosecution shall be at liberty to move an application for
cancellation of bail.
8. All pending applications, if any, stand disposed of.
___________________
ASHISH NAITHANI, J.
Dt: 23.07.2025
Shiksha
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First Bail Application No. 1170 of 2025 – Kalicharan vs. State of Uttarakhand.
Ashish Naithani J.
