Beer Singh v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures UKHC010093422026

2026:UHC:6876 COURT'S OR JUDGE'S ORDERS

BA1/953/2026 Beer Singh

--Applicant Versus State Of Uttarakhand

--Respondent

Hon'ble Rakesh Thapliyal, J.

Mr. Sandeep Adhikari, learned legal aid counsel for the applicant.

¶2Mrs. Shweta Badola Dobhal, learned Brief Holder for the State.

¶3The instant bail application has been moved on behalf of the applicant-Beer Singh, S/o Kantu for seeking bail in reference to first information report dated 18.05.2019 bearing FIR No.0288 of 2019, P.S. Manglour, District Haridwar for the offences punishable under Section 323, 504 and 324 of IPC.

¶4The instant bail application is moved through the legal aid counsel, who argued that earlier the applicant was already granted bail by the Magistrate concerned for the offences punishable under Section 323, 325 and 504 of IPC but subsequent thereto in place of Section 325 of IPC Section 307 IPC was added consequently he was taken into custody then sought bail but the same has been rejected. He submits that in the present case after addition of new penal provision of Section 307 of IPC, the present applicant is languishing in jail since 19.02.2024 i.e. for almost more than two years.

¶5On the previous date, the State was directed to get instruction to inquire about the status of trial and today, Mrs. Shweta Badola Dobhal, learned Brief Holder, on instruction, apprise that all prosecution witnesses have been examined and now the defence evidence will start on this learned counsel for the applicant submits that even otherwise the applicant already suffered long incarceration for more than two years only because of the addition of new penal provision of Section 307 IPC though earlier he was already on bail, therefore, taking into consideration that the present applicant is languishing in jail since last more than two years and still the trial has not been concluded though all the prosecution witnesses have been examined, therefore, at this juncture, the applicant may not be denied bail.

¶6On this learned Brief Holder submits that earlier the applicant was absconding since 2019 and then he was arrested in the year 2024, therefore, while granting bail this aspect may also be looked into.

¶7After hearing the submissions of learned counsel for the parties and taking into consideration that the present applicant is languishing in jail since 19.02.2024 and because of addition of Section 307 IPC, he is languishing in jail since last more than two years, this Court is of the view that applicant deserves for bail.

¶8Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.

¶9Let the present applicant-Beer Singh be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions: "i. After being released on bail the

applicant shall join the trial

court proceeding on each and

every date without seeking any

unnecessary adjournment. ii. Applicant shall report to the

nearest Police Station on 1st day

of every month till conclusion of

the trial and concerned SHO shall

record his presence. iii. The applicant shall not leave the

territorial jurisdiction of the trial

court concerned without leave of

the court.

In breach of any such conditions, as above, the prosecution shall immediately apprise to the trial court for taking appropriate action against the applicant.

(Rakesh Thapliyal, J.)

05.08.2026 Arti