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2025 DAILYLAW 10066 (UTT)

ANUJPAL v. STATE OF UTTARAKHAND

BA1/1444/2025 · 2025-09-11

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:8126 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.1444 of 2025 Hon’ble Rakesh Thapliyal, J. (Through V.C.) 1. Mr. Lalit Sharma and Ms. Anmol Sandhu, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Anujpal S/o Roopram is seeking regular bail in relation to first information report dated 05.03.2025 bearing FIR No.0028 of 2025, Police Station Kaladhungi, District Nainital, wherein the present applicant has been implicated and charge-sheeted for the offences punishable under Section 70(2) read with Sections 115, 54 and 351(1) of BNS, 2023 and Section 5(g)/6 of POCSO Act. 4. It is contended by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated which is evident from the fact that the applicant is not named in the FIR and as per the prosecution the main accused is Lucky Arya, who is named in the FIR. Apart from this, he argued that the trial has already been commenced and during examination of the victim and the complainant, both the star witnesses have been declared hostile. 5. It is also contended that that the applicant is having no criminal history and other co-accused, namely, Suraj has already been enlarged on bail and claims parity of the co-accused Suraj. 6. On the other side, Mr. V.S. Pal, 2025:UHC:8126 learned AGA have not disputed this fact that the victim and the complainant have been declared hostile by the trial Court and furthermore, the other co-accused Suraj has already been enlarged on bail and the applicant deserves for the benefit of parity of the other co-accused. 7. After hearing the arguments as advanced by learned counsel for the parties and taking into consideration that the applicant is not named in the FIR and the other co-accused Suraj has already been enlarged on bail and as per the prosecution, Lucky Arya is the main accused, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 9. Let the applicant, namely, Anujpal, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 10. It is made clear that grant of bail to the present applicant will not be treated as a precedent to the other co-accused Lucky Arya. (Rakesh Thapliyal, J.) 11.09.2025 R.Bisht 2025:UHC:8126