2025:UHC:10178 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ASHI SH NAI THANI 1 7 t h Novem ber , 2 0 2 5 FI RST BAI L APPLI CATI ON NO. 2 1 7 3 of 2 0 2 5 Ram Kunwar Alias Ram Kumar Alias Chairman …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Dr. Kartikey Hari Gupta, Advocate along with Ms. Irum Zeba, Advocate. Counsel for the State : Mr. N.S. Kanyal, learned A.G.A. Hon ’ble Ash ish Nait h an i, J. The present Bail Application has been moved by the Applicant – Ram Kunwar alias Ram Kumar alias Chairman, aged about 52 years, S/o Late Shri Bhale Ram, R/o Gali No. 1, Hasanpur (99), Police Station Murthal, District Sonipat, Haryana. The Applicant is in judicial custody in connection with Case Crime/FIR No. 232 of 2024 dated 02.09.2025, registered at Police Station Transit Camp, District Udham Singh Nagar, for the offences punishable under Sections 318(4), 336(3), 338, 340(2), 61(2), 316(5), and 238 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard. 3. Dr. Kartikey Hari Gupta, learned counsel for the Applicant, and Mr. N.S. Kanyal, learned A.G.A. for the State, have been heard, and the record has been perused. 4. Learned counsel for the Applicant submits that the FIR was lodged on the basis of false information against an unknown person, and the Applicant has been falsely implicated solely on the basis of statements of co-accused persons. It is submitted that no amount was ever received or credited in the Applicant’s account; the Applicant neither prepared nor 1 First Bail Application No 2173 of 2025, “Ram Kunwar alias Ram Kumar alias vs. State of Uttarakhand. Ashish Naithani J. 2025:UHC:10178 used any forged or false document; he has no concern with the complainant; and there is no evidence of cheating against him. The Applicant was never subjected to identification by the Investigating Officer. The investigation is complete and the charge-sheet has already been filed, wherein no specific role has been attributed to the Applicant. 5. Learned counsel further submits that the alleged main accused- Devendra Singh, has already been granted bail by this Court vide order dated 12.06.2025, and the other co-accused, namely Anil Kumar Sharma and Mahendra Dhiraj, have been granted anticipatory bail. The Applicant is in custody since 24.06.2025, and there is no independent witness of the alleged incident. 6. Per contra, learned State Counsel opposes the bail application and submits that the Applicant has a criminal history of thirteen cases and is a habitual offender. In response, learned counsel for the Applicant submits that out of thirteen cases, the Applicant has been acquitted in ten cases, and in the remaining three cases he is already on bail. 7. Considering the overall facts and circumstances of the case, this Court finds sufficient grounds to grant bail at this stage. 8 Accordingly, the Bail Application is allowed. 9. Let the Applicant be released on bail in the aforesaid case crime number, on his executing a personal bond and furnishing two reliable sureties of the like amount, to the satisfaction of the Court concerned. 10. All pending applications, if any, stand disposed of. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ASHI SH NAI THANI , J. Dt: 17.11.2025 Shiksha 2 First Bail Application No 2173 of 2025, “Ram Kunwar alias Ram Kumar alias vs. State of Uttarakhand. Ashish Naithani J. SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5D D9, cn=SHIKSHA BINJOLA Date: 2025.11.17 16:57:40 +05'30'