Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8293 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1705/2025 Hon'ble Rakesh Thapliyal, J.
1. Mr. Lalit Sharma, learned counsel for the applicant.
2. Mr. Vijay Khanduri and Mr. Prabhat Kandpal, learned Brief Holder for the State.
3. Present applicant “Harsh Chaudhary, S/o Late Shri Babit chaudhary” is praying for bail in reference to FIR dated 17.03.2025, bearing FIR/Case Crime No. 0174 of 2025, registered at P.S. Pathri District Haridwar which was lodged against 13 persons along with one unknown person for the offences punishable under Sections 103(1), 190, 191(2), 191(3), 61(2)(a) of BNS, 2023 and Sections, 3(1)(r) and 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and furthermore the charge sheet has already been filed. Apart from this, he submits that the other co-accused namely Harshit Mehta, Babit Kumar, the father of the present applicant, who is now no more, Harshit Rathi, Abhishek Saini and Ayush Rajha have already been enlarged on bail by this Court. Apart from this, he submits that as per the prosecution the brother of the present applicant namely Jatin is the main accused, who is still in jail. Learned counsel for the applicant submits that the charge sheet has already been filed therefore, there is no need of custodial interrogation of the applicant. About criminal history the details has been given in para-10 and most the cases are the bailable offences out of which and in four
2025:UHC:8293 cases he has been chargesheeted and in the remaining cases he has been exonerated. He further argued that the present applicant is languishing in jail since 18.03.2025 He finally concluded his argument that other co-accused whose roles are almost identical to that of applicant have already been enlarged on bail therefore, the applicant be released on bail.
5. On the other side, Mr. Vijay Khanduri, learned Brief Holder for the State, have not disputed this fact that most of the other co-accused have already been enlarged on bail and role of the applicant is almost identical with other co- accused and as per the prosecution the main accused is Jatin, who is still in jail and furthermore the chargesheet has already been filed and there is no need of custodial interrogation
6. After hearing the arguments of the
learned counsel for the parties and further taking into
consideration that the chargesheet has already been filed and most of the co-accused have already been enlarged on bail except Jatin, the main accused and further the charge sheet has already been filed, therefore, there is no need of custodial interrogation, and as such 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 “Harsh Chaudhary” 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.
(Rakesh Thapliyal, J.)
17.09.2025 Nahid
2025:UHC:8293