After More Than 2 Years In Jail, Uttarakhand HC Grants Bail To Murder-Trial Accused As Only 4 Of 30 Witnesses Were Examined

Anshul Rathi sought bail in Case Crime No. 329 of 2024, in which he faced trial for offences under Sections 147, 148, 149, 302, 323, 452, 504, 506, 34 and 120-B of the IPC. His first bail application was rejected on 13 May 2025.

In this second application, he relied on his incarceration since 13 May 2024, the slow progress of trial (four of 30 prosecution witnesses examined), the absence of prior criminal history, and the release on bail of four co-accused. The State and complainant opposed bail, disputing parity and asserting that there was no fresh ground.

The Court applied the principle that a person should not be detained for an indefinite period, particularly where the trial has made limited progress.

The applicant was charged under the listed IPC provisions, but the Court did not determine the merits of those charges or cite any statutory bail provision or precedent in its reasoning.

The Court noted that only four of 30 prosecution witnesses had been examined and accepted that the trial was unlikely to be expedited soon. It also considered the applicant’s incarceration of more than two years and lack of criminal history.

Although the parties disputed whether his role was identical to that of the co-accused, the Court made no finding on role or parity, stating that the matter was for trial. It concluded that the combined circumstances warranted bail without expressing an opinion on the merits.

The Court directed that Anshul Rathi be released on a personal bond and two reliable sureties to the satisfaction of the trial court. Conditions included surrendering any passport within three days, attending every trial date without seeking unnecessary adjournments, and not threatening witnesses or tampering with evidence.