BA2/35/2026 of NARENDRA KUMAR 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

UKHC010032622026 BA2/35/2026

Narendra Kumar --Applicant Versus State Of Uttarakhand --Respondent

With UKHC010159622025 BA2/262/2025

Joga Singh --Applicant Versus State Of Uttarakhand --Respondent

With UKHC010111232026 BA2/96/2026

Juvair Ansari --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Rakesh Thapliyal, J.

Mr. Vikas Kumar Guglani, Ms. Anmol Sandhu, learned counsel holding brief of Mr. Lalit Sharma and Mr. Saurabh Kumar Pandey, learned counsel for the applicants.

2. Mr. Sandeep Sharma, learned A.G.A. for the State.

3. These three second bail applications have been moved by the present applicants Narendra Kumar, S/o Shri Vijay Pal, R/o Champawat, Joga Singh S/o Didar Singh, R/o Nanakmatta of District Udham Singh Nagar and Juvair Ansari, S/o Anees Ahmad

R/o village Soraha, Fatehganj, East Bareilly U.P. and are praying for bail in reference to FIR dated 09.02.2025 bearing FIR No. 42 of 2025 wherein a charge sheet was filed on 10.05.2025 and all these applicants have 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. The first bail application of all these applicants have been rejected by this Court and now all these applicants moved these second bail applications praying for bail on the ground that they all are languishing in jail since February 2025 and there is no possibility that the trial would be expedited soon since out of total 21 prosecution witnesses up till date only 4 prosecution witnesses have been examined. They submits that since the trial has already been commenced and the applicants are languishing in jail since last more than one year and there is no possibility that trial would be expedited soon, therefore, they all be enlarged on bail.

5. On the other side, Mr. Sandeep Sharma, learned AGA for the State submits that after thorough investigation the charge sheet has been filed, however, he has not disputed that all these three applicants are already in a judicial custody since last more than one year and there is no possibility that the trial would be expedite as soon since out of total 21 prosecution witnesses up till date only 4 prosecution witnesses have been examined. However, he submits that some stringent conditions may be imposed upon each of them if they are enlarged on bail. He also pointed out that the applicant Narendra Kumar and Juvair Ansari have no criminal antecedent, however, the applicant Joga Singh have a criminal antecedent of one case.

6. After hearing the submissions of the learned counsel for the parties and taking into consideration that all the applicants are languishing in jail since February 2025 and up till date out of total 21 prosecution witnesses only 4 prosecution witnesses have been examined so far and there is no possibility that the trial would be expedited soon, therefore, this Court is of the view that the applicants deserve for bail, but taking into consideration the nature of the offence, this Court is also of the view that why enlarging them on bail some stringent conditions should be imposed.

7. Accordingly, without expressing any opinion on the merit of the case, all the second bail applications are allowed.

8. Let the applicants Narendra Kumar, Joga Singh and Juvair Ansari, be released on bail on their executing a personal bond and furnishing two reliable sureties each one of them and each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) After being released on bail, the applicants shall attend the trial court proceeding on each and every date without seeking unnecessary adjournment.

(ii) The applicants shall surrender their passport, if any, before the Trial Court.

(iii) The applicants shall not indulge in any such activity in future and if they are 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