Unknown vs State Of Uttarakhand
2026 Latest Caselaw 1159 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand on 17 February, 2026

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                              Bail Application (IA No. 01 of 2024)
                              In
                              CRJA No. 60 of 2024
                              Jagdeesh Kumar Alias Jagga
                                                                --Appellant
                                                    Versus
                              State of Uttarakhand
                                                              --Respondent

Hon'ble Ashish Naithani, J., Mr. Mukul Dangi, learned Legal Aid Counsel for the Appellant.

2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.

3. The matter is fixed for hearing on the Bail Application of the Appellant.

4. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2024).

5. The present Criminal Jail Appeal has been preferred against the judgment and order dated 16.07.2024 passed by the learned Additional District Judge, Ramnagar, District Nainital, in Sessions Trial No. 15 of 2023, "State vs. Jagdish Kumar @ Jagga", arising out of Case Crime registered at Police Station Ramnagar, District Nainital, for the offences punishable under Sections 323, 304 and 506 IPC, whereby the Appellant has been convicted and sentenced.

6. Learned Legal Aid Counsel for the Appellant submits that the recovered articles, namely favda and dandi, were not sent for forensic examination. It is further submitted that the statement of the deceased was not recorded when she was injured and admitted in the hospital from 14.04.2023 to 29.04.2023. It is also submitted that there are material contradictions in the statements of the prosecution witnesses; that there is no independent witness of the incident; and that most of the witnesses are interested witnesses. Learned counsel further submits that the Appellant is in custody since 25.04.2023 and is the sole breadwinner of his family.

7. Learned State Counsel vehemently opposed the bail application contending that there are serious allegations against the Appellant. It is submitted that the Appellant was addicted to intoxication and used to quarrel with his mother whenever he demanded money from her.

8. This Court has considered the rival submissions and perused the material available on record. The allegations against the Appellant are grave and serious.

9. Considering the gravity of the offence and the overall facts and circumstances of the case, and without expressing any opinion on the merits of the Appeal, this Court is not inclined to enlarge the Appellant on bail at this stage.

10. Accordingly, the Bail Application (I.A. No. 01 of 2024) is rejected.

11. However, since the Appellant is in custody, the Registry is directed to ensure that the paper book is prepared, if not already prepared, and list this Criminal Jail Appeal on 07.04.2026 for final hearing.

(Hon'ble Ashish Naithani, J.) 17-02-2026

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