Uttarakhand High Court
BA1/949/2025 of GULZAR Vs STATE OF UTTARAKHAND on 23 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 UKHC010080252025 BA1/949/2025 Gulzar --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. Mr. M.K.Ray,
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
UKHC010080252025 BA1/949/2025
Gulzar --Applicant Versus State Of Uttarakhand --Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. M.K.Ray, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. present applicant Gulzar, S/o Chand is praying for bail in reference to FIR dated 09.02.2025 bearing FIR No. 42 of 2025 wherein the charge sheet was filed on 10.05.2025 and after taking cognizance on the charge sheet the applicant has been summoned to face the trial in Session Trial No. 15 of 2025 State vs. Ali Jama and others for the offences punishable under Sections 61(2), 111, 310(2), 317(3) of BNS 2023.
4. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated and languishing in jail since 20.02.2025 and up till date out of the total 21 prosecution witnesses only 4 prosecution witnesses have been examined and there is no possibility that the trial would be expedited soon. He also submits that applicant has a criminal antecedent of only one case.
5. On the other side, Mr. Sandeep Sharma, learned AGA for the State oppose the bail application by submitting that after thorough investigation the charge sheet has been filed, and there is a recovery of looted articles from the possession of the present applicant, however, he has not disputed that the present applicant is languishing in jail since 20.02.2025 and out of total 21 prosecution witnesses up till date only 4 prosecution witnesses have been examined.
6. After hearing the submissions of the learned counsel for the parties and taking into consideration that the applicant is languishing in jail since 20.02.2025 and up till date out of the total 21 prosecution witnesses only 4 prosecution witnesses have been examined and there is no possibility that the trial would be expedite soon, this Court is of the view that the applicant deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.
8. Let the applicant Gulzar, 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:-
(i) After being released on bail, the applicant shall attend the trial court proceeding on each and every date without seeking any unnecessary adjournment.
(ii) The applicant shall surrender his passport, if any, before the Trial Court.
(iii) The applicant shall not indulge in any such activity in future and if he is found to be indulged in any such activity the prosecution is free to move an application for cancellation of bail.
(Rakesh Thapliyal, J.)
23-07-2026 Nahid