Neelam Chaudhary vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No. 15 of 2019, under Section 302, 201, 120B, 328, 404 and 411 IPC, Police Station Bhimtal, District Nainital. She has sought her release on bail.

Heard learned counsel for the parties and perused the record.

This is fourth bail application of the applicant. His first bail application was dismissed for non-prosecution on 02.09.2022. His second bail application was dismissed as withdrawn. His third bail application was also dismissed in non prosecution.

Learned counsel for the applicant would submit that the applicant is in custody since 22.05.2019. There are total 36 witnesses, out of which 16 witnesses have been examined. There are no chances of the trial being completed in near future.

Learned counsel for the informant would submit that the co-accused was enlarged on regular bail, but he is not appearing at trial.

The factual position as narrated learned counsel for the applicant has not been disputed by the learned State counsel.

Learned counsel for the applicant would submit that the applicant was granted short term bail once, which she availed and thereafter, surrendered to custody also.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on her executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.