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2025 DAILYLAW 1488 (UTT)

MANOJ KANSAL v. STATE OF UTTARAKHAND

BA1/113/2025 · 2025-01-28

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:640 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. 113 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Narendra Bali, learned counsel, holding brief of Mr. B.S. Adhikari, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned Brief Holder for the State. 3. Present applicant is seeking bail in relation to FIR dated 25.04.2024 bearing FIR No. 0115 of 2024, Police Station – Kotwali Kotdwar, District Pauri Garhwal wherein after investigation charge-sheet has been filed under Section 420 IPC read with Section 3/4 /76 of the Chit Fund Act, 1982. 4. Learned counsel for the applicant submits that applicant is in jail since 28.08.2024 and since charge- sheet has already been filed, therefore, there is no need of custodial interrogation. Apart from this, he submits that applicant is innocent and has been implicated falsely. Even otherwise, no offence under Section 3 / 4 / 76 of the Chit Fund Act is made out, since those persons, who invested their amount periodically are also equally responsible and furthermore, the applicant has no previous criminal history. 5. Learned State Counsel have not disputed this fact that applicant has no criminal history, as observed by the learned Addl. Sessions Judge, Kotdwar while rejecting the bail application of the applicant. 6. After taking into consideration that applicant is in jail since 28.08.2024 and have no previous criminal history, this Court is of the view that applicant should be released on bail. Accordingly, without expressing any opinion on the merits of the case, present bail application is allowed. 7. Let the applicant – Manoj Kansal be released on bail, on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) Vacation Judge 28.01.2025 SKS 2025:UHC:640