BA1/2327/2025 of PANKAJ SAINI Vs STATE OF UTTARAKHAND on 29 July 2026

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010190632025

2026:UHC:6582

UKHC010158982025 BA1/1898/2025 Pankaj Saini Alias Pankaj Bhayya --Applicant Versus State of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J.

Mr. Gaurav Singh, learned counsel for the applicant.

2. Mr. Pratiroop Pandey, learned AGA, for the State of Uttarakhand.

3. Mr. Kishore Kumar, learned counsel for the complainant.

4. The present applicant – Pankaj Saini @ Pankaj Bhayya S/o Janeshwar Prasad Saini, is praying for bail in a reference to FIR dated 16.07.2025 bearing FIR No.0220 of 2025, Police Station Bhagwanpur, District Haridwar, wherein, the present applicant has been implicated for the offence punishable under Sections 308 (5), 308 (6), 317 (2) of BNS, 2023.

5. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the present applicant is languishing in jail since 18.07.2025, and the chargesheet has already been filed. He further submits that the applicant has criminal antecedents of six cases and in all those cases the applicant is already enlarged on bail. He further submits that present case relates to the offences, which are triable by Magistrate.

6. On the other side, learned counsel for the complainant – Mr. Kishore Kumar, seriously opposed the bail application by submitting that the present applicant is indulged in criminal activities since long back, and has a long history of about six cases, though he is already enlarged on bail. He further submits that the applicant is a resident of Saharanpur, U.P., and for committing crime he comes to the Uttarakhand and then he ran away.

7. On the other side, Mr. Pratiroop Pandey, learned AGA, also submits that the applicant has a criminal history of six other cases, and the present one are triable by Magistrate, and taking into consideration that the present applicant indulged in criminal activity since long back and has criminal antecedents, some stringent conditions may be imposed on the applicant while granting bail.

8. After hearing the submissions of the learned counsel for the parties, and taking into consideration that all the offences are triable by Magistrate and the present applicant is languishing in jail since 18.07.2025, therefore, this Court is of the view that the applicant deserves for bail.

9. Accordingly without expressing any opinion on the merits of the case, bail application is allowed.

10. Let the applicant – “Pankaj Saini @ Pankaj Bhayya”, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned, subject to the following conditions:- (a) After being released on bail the applicant shall join the Trial Court proceedings on each and every date without seeking any unnecessary adjournment.

(b) The applicant shall surrender his passport (if any) to the Trial Court positively within three days’ after being released on bail.

(c) The applicant shall not indulge in future in any such criminal activity.

(c) The applicant shall report to the Police Station, Bhagwanpur, District Haridwar in last week of every month for six months regularly or till the conclusion of the trial and the concerned SHO shall record his presence.

(e) On breach of any such conditions, the prosecution is directed to move an application for cancellation of bail.

(Rakesh Thapliyal, J.)

29.07.2026 Nitesh/