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2025 DAILYLAW 10265 (UTT)

SUBHAM ARYA v. STATE OF UTTARAKHAND

BA1/1482/2025 · 2025-08-25

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7496 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25th AUGUST, 2025 FIRST BAIL APPLICATION NO.1482 of 2025 Subham Arya .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. M.K. Chand, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant – Subham Arya is in judicial custody for the offence under Section 309(6) and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.67 of 2025, registered at Kotwali Tanakpur, District Champawat. 2. Heard Mr. M.K. Chand, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 3. According to the First Information Report dated 17.06.2025, three unknown persons beat the informant at about 09:30 p.m. on 16.06.2025, snatched his mobile phone Vivo (SIM No.9634495322) and looted his ATM card, Voter ID card, Aadhar card and Rs.80,000/-. 1 2025:UHC:7496 4. Learned counsel for the State submitted that the ATM card of the informant and Rs.3,000/- were recovered from the applicant. 5. Mr. M.K. Chand, learned counsel for the applicant, submitted that the said ATM card and Rs.3,000/- were not recovered from the possession of the applicant. As per the respondent, the mother of the applicant handed over the said ATM card and Rs.3,000/- to the police. Applicant is not a convicted person. He is in judicial custody since 19.06.2025, and, he is a permanent resident of District Champawat, therefore, there is no possibility of his absconding. 6. Mr. Pradeep Lohani, Brief Holder, has opposed the bail application orally. 7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage. 8. The Bail Application is allowed. 2 2025:UHC:7496 9. Let the applicant – Subham Arya 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. ___________________ ALOK KUMAR VERMA, J. Dt: 25.08.2025 Pant/ 3