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2025 DAILYLAW 15244 (UTT)

DALEEP SAH v. STATE OF UTTARAKHAND

BA1/1146/2025 · 2025-11-20

Alok Mahra

body2025

Judgment text

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2025:UHC:10308 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.1146 of 2025 Hon’ble Alok Mahra, J. Ms. Lata Negi, Advocate for the applicant. Mr. Tumul K. Nailwal, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.0005 of 2025, under Sections 316(5) of B.N.S., 2023 registered at Police Station Ghat, District Chamoli. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has no criminal antecedents. It is submitted that the applicant has been in judicial custody since 13.03.2025 and has already undergone substantial incarceration. Learned counsel further contends that the First Information Report is a delayed one, having been registered after a lapse of approximately three months from the date of the alleged incident, which casts serious doubt on the veracity of the prosecution case. It is further submitted that the alleged offences are triable by a Magistrate and are not of a grave or heinous nature. Learned counsel submits that, if bail is granted, the applicant will not misuse the liberty and will abide by all the conditions imposed by this Court, including furnishing bail surety as per the satisfaction of the Court. 4. Learned State Counsel vehemently 2025:UHC:10308 opposed the bail application. It is submitted that the allegations against the applicant are grave and serious, and the investigation has revealed prima facie evidence implicating the applicant in the commission of the offence. He submits that the applicant’s continued custody is necessary to ensure the smooth and fair conduct of the investigation and trial. 5. 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 applicant deserves bail at this stage. 6. The bail application is allowed. 7. Let the applicant, namely, Daleep Sah be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 20.11.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d ddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9 87446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.11.20 17:59:07 +05'30'