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2025 DAILYLAW 11040 (UTT)

NEPAL ALIAS PAPPU v. STATE OF UTTARAKHAND

BA1/1664/2025 · 2025-09-16

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:8262 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. 1664 of 2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Mukesh Kumar Kaparuwan, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant Nepal @ Pappu, S/o Jagpal is praying for bail in reference to FIR dated 19.10.2023, bearing FIR/Case Crime No. 659 of 2023, registered at P.S. Kotwali Roorkee, District Haridwar wherein the present applicant and other co-accused including one Jugvinder were chargesheeted for the offences punishable under Sections 419, 420, 467, 468, 471, 34 read with Section 120-B IPC. 4. Learned counsel for the applicant argued that the allegations as alleged are purely of a civil in nature and even otherwise, as per the prosecution the main accused is Jugvinder, who was already enlarged on bail by this Court by order dated 07.03.2025. He further argued that the present applicant is a bonafide purchaser, who after purchasing the property further sold to the other person. He also argued that the charge sheet has already been filed as such, there is no need of custodial interrogation and about criminal history specific averment has been made in para-14 that in case to Crime No. 799 of 2015 applicant has been acquitted and in Case Crime No.105 of 2016, and case crime no. 168 of 2017 the applicant is already bailed out. 5. On the other side, Mr. V.S. Pal, learned A.G.A for the State, have not disputed this fact that other co-accused Jugvinder, who as per the prosecution is 2025:UHC:8262 the main accused has already been enlarged on bail and furthermore he has not disputed that the charge sheet has already been filed, as such, there is no need of custodial interrogation of the applicant. He submits that no doubt the applicant has the criminal history though bailed out but taking into consideration that the applicant is indulged in criminal activities since 2016, some stringent conditions may also be imposed. 6. After hearing the arguments of the learned counsel for the parties and further taking into consideration that the other co-accused Jugvinder is already enlarged on bail on 07.03.2025, and furthermore the charge sheet has already been filed, and therefore, there is no need of custodial interrogation of the applicant, and the present applicant is languishing in jail since 04.02.2025 this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant “Nepal @ Pappu” be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail, the applicant shall report to the nearest Police Station, on the first day of every month and concerned SHO shall record his presence, failing which the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 16.09.2025 Nahid 2025:UHC:8262