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2025 DAILYLAW 1630 (UTT)

GAJAMFAR ALI v. STATE OF UTTARAKHAND

ABA/114/2025 · 2025-02-06

Pankaj Purohit

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 JUDGES’S ORDERS ABA No.114 of 2025 Hon’ble Pankaj Purohit, J. Mr. Rajat Mittal, learned counsel for the applicants (appeared through V.C.). 2. Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Vipul Painuly and Mr. Prabhat Kandpal, learned Brief Holders for the State. 3. The present anticipatory bail application is arising out of FIR No.0035 of 2025, dated 31.01.2025, under Sections 204 & 308 (1) of BNS, 2023, registered at P.S. Vikas Nagar, District Dehradun. 4. Heard learned counsel for the parties. 5. It is submitted by learned counsel for the applicants that applicants have falsely been implicated only due to personal enmity because the applicants have been working for public interest and also used to publish various news articles against inaction on the part of the police. He also submits that no offence is made out under Section 308 (1) of BNS as the applicants have never demanded any money from the complainant by putting him under fear of death, grievous injury or attempted to do so. Furthermore, from perusal of the FIR, it does not disclose as to how much money has been demanded by the applicants. 6. Per contra, learned State Counsel submits that offence is of heinous nature; specific role has been assigned to the applicants and there is cogent material available on record against the applicants. 7. Since the allegations are very serious against the applicants, therefore, this Court is not inclined to exercise jurisdiction under Section 482 of BNSS, 2024. Accordingly, the present anticipatory bail application is dismissed in-limine. 8. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) Vacation Judge 06.02.2025 AK 2