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2025 DAILYLAW 14124 (UTT)

LOVEKESH v. STATE OF UTTARAKHAND

BA1/1751/2025 · 2025-10-31

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9664 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. 1751 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Bhupendra Prasad, learned counsel holding the brief of Mr. Karan Singh Dugtal, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Lovekesh’ S/o Babu Lal is praying for bail in relation to First Information Report dated 29.11.2024 bearing FIR No. 0205 of 2024 P.S. Mukhani, District Nainital, which was lodged against unknown person for the offence punishable under Sections 70(1), 64(2)(k), 87, 115 and 351(3) of BNS, 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, which is evident from the fact that the applicant is not named in the FIR. He further submits that though the applicant has been chargesheeted on the basis of the CCTV footages but infact CCTV footages are not the part of the charge-sheet. 5. Apart from this, he submits that even as per the prosecution the victim was major at the time of the incident. He also submits that the other main co-accused Ravi Sahu has already been enlarged on bail by this court on 22.05.2025. He further submits that the charge-sheet has already been filed and as such there is no need of the custodial interrogation of the present applicant and the present applicant is languishing in jail since 30.11.2024. He further submits that the applicant has no previous criminal history. 6. On the other side, learned State counsel have not disputed this fact that the other co- accused Ravi Sahu has already been granted bail by this court and furthermore the charge-sheet has been filed and there is no need of the custodial interrogation of the present applicant. 7. After hearing the arguments of learned counsel for the parties and further taking into 2025:UHC:9664 consideration that the charge-sheet has been filed and the other co-accused Ravi Sahu has already been enlarged on bail and furthermore the applicant has no previous criminal history, this court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 9. Let the applicant ‘Lovekesh’ be released on bail on furnishing the personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 31.10.2025 PR 2025:UHC:9664