2025:UHC:8637 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No.231 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Akhil Kumar Sah, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant– Bhanu S/o Lekhraj is seeking regular bail in relation to first information report dated 27.05.2025 bearing FIR No.0163 of 2025, Police Station Haldwani, District Nainital, which was lodged against unknown person for the offences punishable under Sections 305(a) and 331 (4) of BNS, 2023. The present applicant has been charge-sheeted for the offences punishable under Sections 3(5), 305(a), 317(2), 331(4) of BNS, 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and is having no previous criminal history and is languishing in jail since 31.05.2025. 5. Learned counsel for the applicant also submits that the recovery, as shown, is planted one and there is an inordinate delay of 16 days in lodging the FIR and the charge- sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant. 6. Learned counsel for the applicant further submits that in respect of the recovery as shown, two more FIRs have been registered in the same police station, in which the present applicant has already been enlarged on bail. 7. Apart from this, he submits that all the offences are triable by the Magistrate. He also submits that at the time when the first bail application was rejected, the charge-sheet 2025:UHC:8637 has not been filed and now the charge-sheet has been filed. 8. Mr. V.S. Pal, learned AGA have not disputed this fact that at the time when the first bail application was rejected, the charge- sheet was not filed and now in this particular case, the charge-sheet has been filed and as such there is no need of custodial interrogation of the present application. 9. He has also not disputed that all the offences are triable by the Magistrate and in other two cases arising out of the same recovery, the applicant has already been bailed out. 10. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that all the offences are triable by the Magistrate and the charge-sheet has already been filed, this Court is of the view that the applicant deserves for bail. 11. Accordingly, without expressing any opinion on the merit of the case, the instant 2nd bail application is allowed. 12. Let the applicant, namely, “Bhanu,” 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. 13. It is made clear that the applicant after being released on bail shall report to the nearest police station before the SHO concerned on the 1st day of every month and will provide his mobile number and concerned SHO shall record his presence, failing which concerned trial Court is directed to cancel the bail (Rakesh Thapliyal, J.) 24.09.2025 R.Bisht 2025:UHC:8637