Allowed¶8

Sethpal Singh Alias Setha v. State of Uttarakhand

Uttarakhand HC4 Jun 2025BA2/202/2023

Case brief

AI extract

What is this about?

Second bail application BA2 No. 202 of 2023; applicant Sethpal Singh @ Setha; FIR/Case Crime No. 382 of 2019; Sections 302, 364, 404 IPC; P.S.- Kotwali Nagar, District Haridwar; body of deceased not recovered; CCTV footage Railway Station Haridwar; Birla Ghat River Ganges; mobile of deceased recovered from applicant's house on pointing out; in jail since 08.09.2019; prosecution witnesses examined; bail allowed; personal bond and two reliable sureties; amicus curiae Sandeep Kothari; A.G.A. K.L. Rawal; Alok Mahra J.; decided 04.06.2025.

What did the court decide?

Second bail application allowed; applicant to be released on bail on executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned; Registry directed to forward a copy of the bail order to the concerned court and jail through e-mail.

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

BA2 No. 202 of 2023
Hon’ble Alok Mahra, J.
Mr. Sandeep Kothari, learned_amicus_
_curiae_for the applicant.

2.
Mr. K.L. Rawal, learned A.G.A. for the
State.

3.
The applicant – Sethpal Singh @
Setha,
who
is
in
judicial
custody
in
connection with FIR/Case Crime No. 382 of
2019, under Sections 302, 364 and 404 of
IPC, registered at P.S.- Kotwali Nagar,
District Haridwar, has sought his release on
bail.
4.
Heard learned counsel for the parties
and perused the records.
5.
Learned
counsel
for the
applicant
submits that the applicant has been falsely
implicated in the case. The ground taken by
learned counsel for the applicant is that the
body
of
the
deceased
has
not
been
recovered till date. Learned counsel further
submits that applicant has been falsely
implicated only on the basis of CCTV footage
of Railway Station, Haridwar and as per the
prosecution story, the deceased was thrown
in River Ganges from Birla Ghat, which is
about 2 kilometres from Railway Station.
Learned counsel also submits that there is
no other independent witness of the incident
and that the applicant is in jail since
08.09.2019
and
all
the
prosecution
witnesses have been examined, thus, there
is no chance of temperingwith the evidence

or influencing the witnesses.
6. Per contra, learned State Counsel
submits that mobile of the deceased was recovered from the house of the applicant on his pointing.
7. Having considered the submissions, under the facts and circumstances of the
case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
8. Accordingly, the present second bail application is allowed.
9. Let the applicant 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.
10. Registry is directed to forward the copy of this bail order to the concerned court as well as the concerned jail through e-mail, as learned counsel for the applicant is_amicus_ _curiae_in the matter. (Alok Mahra J.) 04.06.2025 Ujjwal

or influencing the witnesses.

6.
Per contra, learned State Counsel

submits that mobile of the deceased was
recovered from the house of the applicant
on his pointing.

7.
Having considered the submissions,
under the facts and circumstances of the

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

8.
Accordingly, the present second bail
application is allowed.

9.
Let the applicant 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.

10. Registry is directed to forward the copy
of this bail order to the concerned court as
well as the concerned jail through e-mail, as
learned counsel for the applicant is_amicus_
_curiae_in the matter.
(Alok Mahra J.)
04.06.2025
Ujjwal

Sethpal Singh Alias Setha v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Sethpal Singh Alias Setha v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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