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2025 DAILYLAW 16058 (UTT)

SHUBHAM v. STATE OF UTTARAKHAND

BA1/2346/2025 · 2025-12-04

Rakesh Thapliyal

body2025

Judgment text

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 JUDGE’S ORDERS BA1 No.2346 of 2025 Hon'ble Rakesh Thapliyal, J. Mr. B.M. Pingal, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned Deputy Advocate General for the State. 3. The present applicant-Shubham, S/o Sheeshpal is praying for bail in reference to FIR dated 05.08.2025, bearing FIR No.0468 of 2025 registered at P.S. Pathri, District Haridwar, which was lodged against unknown persons for the offences punishable under Sections 109 read with Section 126(1), of Bharatiya Nyaya Sanhita (BNS), 2023. On completion of the investigation, the applicant has been charge- sheeted for the offences punishable under Sections 126(1), 109, 61(2) of BNS, 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and even as per prosecution, the main accused who caused fire arm injuries on the victim injured is the co-accused Nitesh. He submits that the learned Sessions Judge by its order dated 11.11.2025 granted bail to other two co- accused, namely, Vikky S/o Pintu Ram and Vishal S/o Satya Pal, however, the In- Charge Sessions Judge by its order dated 22.11.2025 reject the bail application of the present applicant despite taking note of order passed by the learned Sessions Judge granting bail to the other co-accused. He submits that the applicant have no concern with the allegation as alleged. He submits that now on completion of the investigation, the charge-sheet has been filed and as such there is no need of custodial interrogation of the applicant. He submits that the present applicant is student and pursuing study in ITI and is languishing in jail since 21.08.2025. 5. On the other side, the learned AGA has not been disputed that the charge-sheet has already been filed and even as per prosecution, the main accused is Nitesh and two other co-accused, namely, Vikky S/o Pintu Ram and Vishal S/o Satya Pal have already been enlarged on bail and the case of the applicant is similar to the other co- accused who have been enlarged on bail. 6. After hearing the arguments of learned counsel for the parties and taking into consideration that the charge-sheet has already been filed and even as per the prosecution, the main accused is in jail, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant-Shubham be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 04.12.2025 Ravi