High Court · 2025

Mr. C.K. Sharm a, Advocat e t he applicant . Dinesh

2. Mr. Governm ent Adv ocat e Ut t arakhand. Chauhan, Assist ant t he St at e of This

3. t he second bail applicat ion m oved on behalf of t he accused–applicant in connect ion wit h Case Crim e No. 256 of 2017, under Sect ions 370, 420, 120B and 342 in Police St at ion Doiwala, Dist rict Dehradun. The first bail applicat ion of t he applicant was dism issed as wit hdraw n by t his Court vide order dat ed 02.08.2024. regist ered I PC, t he including

4. Reading of t he FI R rev eals t hat on 11.09.2017, com plainant / I n- char ge I nspect or, Police St at ion Doiwala, Dehradun, based on infor m at ion, int ercept ed a Toyot a I nnova car bearing regist rat ion no. UK08TA- 5519 while it was going from Dehr adun t o Delhi. The said v ehicle was car rying t ot al five persons, t wo wom en and t hem , nam ely Shaikh driver . Two of Musharraf and Krishna Das infor m ed t he t heir Kidney has been police t hat t eam t heir consent and rem ov ed wit hout violat ion of m edical and legal norm s. Police t eam was also inform ed t hat t he said racket is being operat ed in a coordinat ed m anner Hospit al, Dehradun. The vict im s also disclosed nam e of doct ors, including t he pr esent applicant , who ar e involv ed in t his rack et . Charit able Gangot ri Lear ned counsel t he applicant 5. subm it s t hat all t he vict im s, w hose kidney was allegedly rem oved, have t ur ned host ile. The co- accused Arun Pandey, Raj eev Chaudhary and Jeevan Kum ar Raut hav e been grant ed bail by a Coordinat e Bench; while, ot her co- accused have also been enlar ged on bail by t he Trial Court . He subm it s t hat t her e are t ot al 63 wit nesses out of which only 18 has been exam ined so far and t he t rial is not likely t o be concluded in t he near fut ur e. Lear ned counsel for t he applicant furt her subm it s t hat t he applicant is in j ail cont inuously since 18.11.2021 and he is not a flight r isk and he has deep root s t hat applicant will appear befor e t he Trial Cour t on each and ev ery dat e fixed in t he m at t er. t he societ y. He furt her subm it s Lear ned St at e Counsel,

6. how ever , subm it s t hat as per st at em ent of t he P.W. 7 ( Dr. Manoj Kum ar Sharm a) , who exam ined t he vict im s, deposed before t he Trial Court t hat kidney of Krishna Das and Sheikh Taj are r em ov ed. Lear ned St at e Counsel furt her subm it s t hat t he vict im s appear t o have been won ov er by t he applicant . Considering t he r ival subm issions and 7. fact s and circum st ances of t he case and wit hout expr essing any opinion on t o t he final m erit s of t he case, t his Court is of t he view t hat applicant deser ves bail at t his st age. Accordingly, second bail applicat ion is 8. allowed. Let t he applicant - Akshya Raut be released on bail on his ex ecut ing a per sonal bond and fur nishing t wo r eliable sur et ies, each in t he like am ount , t o t he sat isfact ion of t he Court concerned, subj ect t o following condit ions: ( i) Applicant shall fur nish his m obile num ber and corr ect address t o t he SHO, Police St at ion Doiwala and shall k eep t he sam e updat ed. He shall also m ark his presence in t he said police st at ion once in ever y m ont h. ( ii) Applicant shall appear before t he Trial Court on each and every dat e fixed, unless ex em pt ed by t he Court concerned. ( iii) Applicant shall not direct ly or indirect ly m ak e any inducem ent , t hreat or prom ise t o any person acquaint ed wit h t he fact s of t he case. ( iv) Applicant shall surr ender his passport befor e Trial Court , if he has one. I n case, he does not have passport , he shall file an affidavit t o t hat effect ( v) I n case t he applicant default s in appearance wit hout sufficient cause on any fut ur e dat e, t he Trial Court shall be at libert y t o t ake coerciv e m easures, including cancellat ion of bail. ( M a n o j K u m a r Ti w a r i , J.)

07.10.2025 Navin