Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
21.03.2025
BAI No.2436 of 2024 Hon’ble Alok Mahra, J.
Mr. Lait Sharma, learned counsels for the applicant.
2. Mr. Akshay Latwal, Brief Holder for the State.
3. Applicant- Chandan alias Safar, who is in judicial custody in connection with FIR No. 430 of 2024, under Sections 115(2), 191(2), 351(2), 352, of of Bhartiya Nyaya Sanhita, 2023 and (during the investigation Sections 117(2) and 109 of Bhartiya Nyaya Sanhita, 2023 were added), registered at Police Station Kashipur, District Udham Singh Nagar, has sought his release on bail.
4. Heard learned counsel for the parties and perused the material available on record.
5. Learned counsel for the applicant contends that initially the FIR was lodged under Sections 115(2), 191(2), 351(2), 352, of the Bhartiya Nyaya Sanhita, 2023 and during the investigation Sections 117 (2) and 109 of the Bhartiya Nyaya Sanhita, 2023 were added. However, learned counsel for the applicant submits that Section 109 cannot be added as further medial report of the victim, in which, lump in the head has been shown, there was no opinion of the Doctor that this injury is dangerous to the life of the injured; there is delay in lodging the FIR as the incident took place at 9:39 P.M. and the FIR was lodged at 11:45 PM. Learned counsel for the applicant
further submits that at the time of arrest, the applicant was not communicated the reasons for arrest.
6. Per contra, learned Deputy Advocate General vehemently opposed the bail and there are eyewitnesses and CCTV footage of the incident.
7. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that application deserves bail at this stage.
8. Accordingly the bail application is allowed.
9. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.
(Alok Mahra, J.) 21.03.2025 Kaushal