MARJEENA vs STATE OF UTTARAKHAND

UKHC010091652026

2026:UHC:9788
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

BA1/931/2026


Marjeena
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.

Mr. Gaurav Singh, learned counsel
for the applicant.
2. Mr. Prabhat Kandpal, learned
A.G.A. along with Mr. Manoj Bhatt,
learned Brief Holder for the State.
3. Applicant - Marjeena, who is in
judicial custody in connection with
Case Crime/F.I.R. No. 778 of 2026,
registered at Police Station Kotwali
Manglour, District Haridwar, for the
offence punishable under Section
103(1),238(a), 61(2), 140(1) B.N.S. has
sought his release on bail.
4. Heard learned counsel for the
parties and perused the material
available on record.
5. Learned counsel for the applicant
would submit that initially, a missing
report was lodged by the complainant
alleging that his son had been missing
since 22.08.2024; that, the

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complainant expressed an
apprehension that his son had been
killed by the applicant, her husband
and her brother-in-law.
6. Learned counsel would further
submit that the applicant is innocent
and has falsely been implicated in the
present case; that, the body of the
complainant’s son has not yet been
recovered and, therefore, no recovery
has been made to substantiate the
allegation of murder against the
applicant. He would further submit
that there is no eyewitness to the
alleged incident and no evidence to
establish that the complainant’s son
had ever visited or entered the house of
the applicant. He would also contend
that no incriminating article has been
recovered from the possession of the
applicant. On these grounds, learned
counsel submits that the prosecution
case against the applicant is not
supported by sufficient evidence to
justify her continued incarceration.
7. Learned counsel would further
submit that the charge-sheet has
already been filed and, therefore, there
is no likelihood of the applicant
tampering with the prosecution
evidence; that, the applicant is a
permanent resident of District
Haridwar and, thus, there is no
likelihood of her absconding; that, the

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applicant has been languishing in
judicial custody since 10.09.2024 and
that the trial is not likely to conclude in
the near future. In view of the aforesaid
submissions, learned counsel prays
that the applicant be enlarged on bail.
8. Per contra, learned State counsel
would vehemently oppose the prayer for
bail. However, he does not dispute that
the body of the complainant’s son has
not yet been recovered or that the
applicant has been in judicial custody
since 10.09.2024.
9. Having considered the rival
submissions advanced by learned
counsel for the parties and upon
perusal of the material available on
record, this Court finds that the body of
the complainant’s son has not yet been
recovered. The charge-sheet has
already been filed, and the applicant
has been in judicial custody since
10.09.2024. The submissions advanced
on behalf of the applicant regarding the
absence of direct evidence and the lack
of recovery of any incriminating article
from her possession are also matters to
be considered in the context of the
material collected during the
investigation.
10. Having regard to the aforesaid
facts and circumstances, particularly
the period of incarceration undergone
by the applicant, the filing of the

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charge-sheet and the fact that the trial
is not likely to conclude in the near
future, and without expressing any
opinion on the merits of the case, this
Court is of the view that the applicant
has made out a case for grant of bail.
11. Accordingly, the first bail
application is allowed.
12. Let the applicant be released on
bail upon furnishing a personal bond
and two reliable sureties, each in the
like amount, to the satisfaction of the
court concerned.


(Alok Mahra J.)
28.10.2026

Mamta
MAM
TA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f2
44f3e584af1449e430ef900bf0
9a6d67ebbd642671329b,
postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d
9cabfd54852c9e68911ca8b66
dd26690a191648ab5d8dd004
ef0, cn=MAMTA RANI
Date: 2026.10.29 16:01:49
+05'30'