Extracted from the PDF above. The PDF is authoritative.
No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 1537 of 2025 Hon’ble Alok Mahra, J.
Mr. Tribhuwan Chandra Pandey, learned counsel for the applicant.
2. Mr. B.N. Molakhi, learned D.A.G. for the State.
3. The applicant – Bhola @ Shivam, who is in judicial custody in connection with Case Crime/FIR No. 224 of 2025, under Sections 109, 126(2), 352, 191(2), 191(3) and 190 B.N.S., registered at P.S.- Kashipur, District Udham Singh Nagar, has sought his release on bail.
4. Heard learned counsel for the parties and perused the records.
5. In this case, an FIR was lodged by one Sarjeet Singh on 21.05.2025 against Vansh, Divyansh, Aman and Rohan under Sections 109, 126(2), 352, 191(2), 191(3) and 190 B.N.S. The case of the applicant is that he is not named in the FIR. All the sections charged against him are bailable except Section 109 BNS.
6.
Learned counsel for the applicant would submit that the applicant has only been arrested on the basis of CCTV footage, wherein, the applicant is alleged to be kicking from behind the injured. Though, he doubts the veracity of the CCTV footage even then he argues that charges under Section 109 BNS could not be framed against the applicant.
Learned counsel for the applicant further submits that two other co-accused have been granted anticipatory bail by the Coordinate Bench of this Court.
7. Per contra, learned State Counsel vehemently opposed the bail application and would submit that the applicant was involved
in fighting and the complainant had suffered head injury and the applicant has rightly been charged and arrested under Section 109 BNS.
8. Having considered the submissions of
learned counsel for the parties and also considering the fact that the applicant is not named in the FIR and that he has only been arrested on the basis of CCTV footage and also the fact that two other co-accused have been granted anticipatory bail by the Coordinate Bench of this Court, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
9. Accordingly, the present bail application is allowed.
10. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned.
(Alok Mahra J.)
15.10.2025 Ujjwal