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SLP(Crl.) No(s).10840/2019
ITEM NO.25 COURT NO.6 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).10840/2019 (Arising out of impugned final judgment and order dated 02-09-2019 in CRLA No.77/2017 passed by the High Court Of Uttarakhand At Nainital)
AKHIL KUMAR AGARWAL Petitioner(s)
VERSUS
THE STATE OF UTTARAKHAND Respondent(s)
IA No. 181838/2019 – EXEMPTION FROM FILING O.T. IA No. 187851/2019 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

WITH
SLP(Crl) No. 1923/2020 (II-B)
(FOR ADMISSION and I.R. and IA No.27666/2020-CONDONATION OF DELAY IN FILING and IA No.27667/2020-EXEMPTION FROM FILING O.T.) SLP(Crl) No. 10855/2022 (II-B) IA No. 156962/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 156963/2022 – EXEMPTION FROM FILING O.T.)

Date : 21-02-2024 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Siddharth Dave, Sr. Adv.
Ms. Ranjeeta Rohatgi, AOR
Ms. Pragya Baghel, Adv.
Mr. Vivek Bishnoi, Adv.
Ms. Shrika Gautam, Adv.

Mr. Nirnimesh Dube, AOR
Mr. Amol Chitale, Adv.
Mr. Nirnimesh Dube, Adv.
Mr. Ankur S. Kulkarni, Adv.
Mr. Susheel Joseph Cyriac, Adv.
Ms. Priya S. Bhalerao, Adv.
Mr. Varun Kanwal, Adv.

Mr. Anil Kaushik, Sr. Adv.
Mr. Abhishek Mishra, Adv.
Mr. Rajat Rana, Adv.
Mrs. Shashi Sharma, Adv.
Mr. Mayank Gautam, Adv.
Ms. Arunima Dwivedi, AOR

For Respondent(s) Mr. Aakarshan Aditya, AOR
Mr. Ardhendu Mauli Kumar Prasad, Sr. Adv.
Mr. Vibhu Tiwari, Adv.
Mr. Aakarshan Aditya, Adv.
Mr. Satish C Kaushik, Adv.

Mr. Atul Sharma, AOR
Ms. Rachna Gandhi, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
2. Mr. Siddharth Dave, learned Senior Counsel appearing for the appellant Akhil Kumar Agarwal, in SLP (Crl.) No(s).10840/2019 would refer to the Custody Certificate of the District Jail Haridwar, Roshnabad, Uttrakhand dated 06.10.2019 to point out that the appellant has been in custody for over 10 years.

3. Mr. Anil Kaushik, learned Senior Counsel appearing for appellant (Vimal Kumar Sharma) in connected matter [SLP(Crl) No. 1923/2020] also refers to the Custody Certificate of the Superintendent, Sub Jail, Haldwani, District Nainital dated 19.12.2019 to point out that the appellant is lodged in jail for over 10 years.
4. Also Heard Mr. Amol Chitale, learned counsel appearing for the appellant (Javed) in another connected matter [SLP(Crl) No. 10855/2022]. Since he (Javed) is yet to serve 10 years time in custody, at this stage bail is not being considered for him.

5. Considering the duration of the custody, as noted above and the little possibility of conclusion of final hearing on a near date, we deem it appropriate to grant bail to the two appellants (Akhil Kumar Agarwal and Vimal Kumar Sharma). Accordingly, the appellants (Akhil Kumar Agarwal and Vimal Kumar Sharma) be released on bail in connection with the case arising out of FIR No.577/2010 registered at Police Station Kashipur, District Udham Singh Nagar.

Appropriate bail condition be imposed by the learned Trial Court.

6. Trial Court Records be requisitioned.

(DEEPAK JOSHI) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR