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
BA1 No. 2551 of 2024
Hon’ble Rakesh Thapliyal, J. (through V.C.)
1. Mr. S.R.S. Gill, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Additional Advocate General with Mr. Deepak Bhardwaj, learned Brief Holder for the State. 3. Mr. Pankaj Kumar Sharma, learned counsel for the complainant. 4. The present applicant ‘Sushil’ S/o Satpal is praying for bail in relation to First Information Report dated 25.09.2024 bearing FIR No. 802 of 2024 P.S. Manglore, District Haridwar, wherein, the present applicant has been implicated and chargesheeted for the offences punishable under Sections 103(1), 109(1), 115(2), 190, 191(2), 193(3), 351(2), 352 and 61(2) of BNS, 2023. 5. Mr. S.R.S. Gill, learned counsel for the applicant argued that the present applicant is innocent. He further argued that the incident as happened is nothing but the fight between the two group of persons belonging to the same village, in respect of which the two first information reports have been registered, one is the present FIR No. 802 of 2024 and another one is from the side of the applicant bearing FIR No. 951 of 2024; however, on completion of the investigation in FIR No. 951 of 2024 the final report has been filed but subsequently the matter has been relegated for further investigation, which is still going on. He further argued that in the present case site plan is completely defective one since there is no description of place and also pointed out that one of the co-accused Joginder, who was also seriously injured in this incident and the injury was in the most vital part of the body i.e. brain was also chargesheeted and subsequently bailed out. 6. He further argued that there is one criminal case against the applicant in relation to FIR No. 55 of 2024 which pertains to the offences punishable under Sections 323, 325, 336, 504 and 506 of IPC in which the closure report has yet not been filed and only notice under
Section 41A Cr.P.C. has been issued. He further argued that other co-accused namely Aditya and Saurabh have already been enlarged on bail today by this court. 7. On the other side, Mr.
G.S. Sandhu, learned Additional Advocate General seriously oppose the bail application by submitting that the offence appears to be grave in nature and after collecting all credible evidences the charge-sheet has been filed and the applicant does not deserve for bail and so far as the site plan is concerned, he submits that at this stage when the bail application is being considered this aspect cannot be looked into as the same is the subject matter of the trial. 8. In reference to the FIR No. 951 of 2024 Mr. G.S. Sandhu argued that though in this FIR the final report was filed but subsequently the matter is referred for further investigation, which is still going on. Mr. G.S. Sandhu have not disputed this fact that the other co- accused Joginder, though was also seriously injured and his injury was in a most vital part of the body, was enlarged on bail. 9. After hearing the arguments of learned counsel of the parties and taking into consideration that the charge- sheet has already been filed and the present applicant is languishing in jail since 26.09.2024 and in respect of the cross-version of the FIR i.e. FIR No. 951 of 2024 the further investigation is still going on, therefore, this court is of the view that the applicant deserves for bail. 10. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 11. Let the applicant ‘Sushil’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 12. It is made clear that after being released on bail the applicant shall join the trial court proceedings on each and every date without seeking any unnecessary adjournment and will not make any attempt to influence any witness or to give any threatening, failing which the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 03.09.2025 PR