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2025 DAILYLAW 16642 (UTT)

MANOJ TIWARI v. STATE OF UTTARAKHAND

BA1/1596/2025 · 2025-11-20

Alok Mahra

body2025

Judgment text

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2025:UHC:10348 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 / 1 5 9 6 / 2 0 2 5 Hon ’ble Alok Mah r a, J. Mr. B.M. Pingal, learned counsel for the applicant. 2. Mr. Mr. Tumul K. Nainwal, learned A.G.A. for the State. 3. A correction application (IA 1 of 2025) has been filed seeking rectification of a typographical error, wherein instead of Sections 118(2) B.N.S., the Section 118 B.N.S. was mentioned in the bail application 4. The permission is granted to carry out the necessary amendment during the course of hearing. 5. Having considered the averments in the supporting affidavit and in the interest of justice, the correction application is allowed. Accordingly, Section 118 B.N.S. in the first bail application shall be read as Section 118(2) B.N.S. 6. Applicant–Manoj Tiwari, who is in judicial custody in connection with Case Crime/F.I.R. No. 52 of 2025, under Sections 118(2), 351(2) B.N.S. registered at Police Station Rajpur, District Dehradun has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. Initially, an F.I.R. was lodged against the present applicant along with the co- accused alleging that on 14.03.2025, the applicant, accompanied by co-accused Ajeet Tiwari, went to the residence of the complainant and started a quarrel. It is alleged that both were armed with sticks and assaulted the complainant’s brother, as a result of which he became 2025:UHC:10348 unconscious and was taken to the hospital. The doctors administered medicines and injections and discharged him, but on 15.03.2025, he was advised to undergo a CT scan and X-ray and surgical intervention was recommended. 6. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the F.I.R. suffers from an unexplained delay of 13 days, as the incident allegedly occurred on 14.03.2025 while the F.I.R. was registered only on 27.03.2025. It is further argued that there are several material discrepancies between the version of PW- 1/complainant in his statement and the allegations narrated in the F.I.R. 7. Learned counsel further submits that the complainant has lodged a false complaint due to personal enmity, and that no such incident ever occurred. It is asserted that the complainant’s brother, being an alcoholic, sustained injuries due to a fall after excessive drinking, and all the injuries are simple in nature. It is further submitted that the applicant has been in custody since 14.03.2025; that the offences alleged are triable by the Magistrate; that the charge-sheet has already been submitted; and that the applicant is a permanent resident of District Dehradun, thereby ruling out any likelihood of tampering with the evidence or absconding. Hence, the applicant deserves to be enlarged on bail. 8. Learned State counsel vehemently opposed the bail application, submitting that there are specific allegations against the applicant in the F.I.R. However, he fairly conceded that the applicant has been in custody since 14.03.2025, that there is a delay in lodging the F.I.R., and that the charge-sheet has already been 2025:UHC:10348 filed in the matter. 9. Having considered the submissions advanced on behalf of the parties and upon perusal of the material available on record, this Court finds that the applicant is in custody since 14.03.2025; that the F.I.R. was lodged after a delay of 13 days; and that the investigation in the matter has culminated in submission of the charge-sheet. The offences alleged are triable by the Magistrate and without commenting on the merits of the case at this stage, this Court is of the opinion that the applicant has made out a fit case for grant of bail. 10. Accordingly, the 1st bail application is allowed. 11. Let the applicant be released on bail in the aforesaid case crime number, on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the Court concerned. [ ( Alok Mahr a, J.) 20.11.2025 Mamta 2025:UHC:10348