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2025 DAILYLAW 16738 (UTT)

DEEPANSU v. STATE OF UTTARAKHAND

BA1/1699/2025 · 2025-12-15

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:11183 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 6 9 9 / 2 0 2 5 Hon 'ble Rak esh Th apliy al, J. 1. Mr. Kushagra Saini, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain and Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant Deepanshu, S/ o Vinod is praying for bail in reference to FIR dated 20.02.2025, bearing FIR No. 160 of 2025 registered at P.S. Manglaur District Haridwar which was lodged by one Sahansar Pal against unknown person for the offence punishable under Section 103(1) of BNS 2023. On completion of investigation present applicant has been charge sheeted for the offences punishable under Sections 103(1), 61(2), 3(5) of BNS 2023. 4. It is argued by the learned counsel for the applicant that the applicant is not named in the FIR and only on the basis of the recovery of knife on the pointing out of the applicant, the applicant has been charge sheeted. He submits that except so called recovery there is no such evidence and neither there is any intention or motive of the applicant to commit the crime. He further submits that the present applicant is languishing in jail since 21.02.2025 and the charge sheet has already been filed on 13.05.2025. He further submits that as per the prosecution itself, the main accused is Vikas who have also a criminal history. He also pointed out that other co-accused Sanjay Saini, who according to him is in fact is the main accused has already been enlarged on bail by this Court on 13.08.2025. 5. Learned counsel for the appellant 2025:UHC:11183 also pointed out that without FSL report, the charge sheet has been filed and now the trial has been commenced and taking into consideration that the present applicant is languishing in jail since 21.02.2025, the applicant be released on bail. 6. On the other side learned counsel for the State submits that on pointing out of the present applicant the weapon was recovered, however, he has not disputed that applicant has no previous criminal history and the trial has been commenced and also has not disputed that other co- accused Sanjay Saini has already been enlarged on bail. 7. After hearing the arguments of the learned counsel for the parties and taking into consideration that trial has already been commenced and applicant is languishing in jail since 21.02.2025 and furthermore the applicant has no previous criminal history and even as per the prosecution the main accused is one Vikas who have a criminal history, and further taking into consideration the other co- accused Sanjay Saini has been enlarged on bail, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant Deepanshu be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. 10. It is made clear that grant of bail to the present applicant will not be treated as precedent in respect of other co-accused Vikas. ( Rak esh Th apliy al, J.) 1 5 .1 2 .2 0 2 5 Parul 2025:UHC:11183