2025:UHC:10683 SL. No. Dat e Of f ice Not es, repor 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 / 2 2 0 7 / 2 0 2 5 Hon’ble Rakesh Thapliyal, J. (Through V.C.) 1. Mr. B.S. Adhikari, learned counsel for the applicant. 2. Mr. Deepak Bhardwaj, learned Brief Holder for the State. 3. Present applicant “Surendra Kumar, son of Shish Ram Puniya,” is praying for regular bail in relation to FIR dated 09.10.2025 bearing FIR No. 0364 of 2025, Police Station – Kotwali Roorkee, District – Haridwar wherein present applicant has been implicated for the offences punishable under Section 168, 318 (4), 338 of the BNS, 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and is languishing in jail since 09.10.2025 and he has no criminal history in all over the country and a wrong report has been submitted by the Investigating Officer before the concerned trial court showing criminal history of four cases against the applicant and in fact, the applicant has no concerned with the criminal cases as shown in the criminal history. 5. As per the allegations, as alleged in the FIR, on 09.10.2025 at about 08.30 p.m. when the police team was on their routine duty, the applicant was found in suspicious condition wearing army dress when he was interrogated, then it was found that he was having army articles, army clothes, army uniform, debit and credit cards including his forged appointment letter. 6. It is contended by the learned counsel for the applicant that at the time of arrest, no ground of arrest was given to the applicant and whatever be the recovery has been shown from the applicant he has not used the same in any manner. 7. It is further pleaded in paragraph 12 and 13 of the bail application that applicant is a graduate (BA) and resident of Rajasthan and he is residing in Roorkee since August - September, 2023 in rental accommodation. It is further pleaded that in fact, the applicant prepared the appointment letter himself and purchased Army Clothes and Army dress just to 2025:UHC:10683 impress his close relatives and his in-laws to get married as reflected in the order of remand. He submits that there is no ingredient constituting the offence punishable under Section 338 of BNS, 2023 (corresponding section of old Code Section 467 of IPC). 8. On the other side, Mr. Deepak Bhardwaj, learned Brief Holder for the State submits that investigation is still going on and the allegations are apparently serious in nature and therefore, at this stage, since investigation is still going on, applicant should not be enlarged on bail. He further submits that applicant has criminal history of four cases in the State of Rajasthan, details of which are as follows: “i. FIR No. 281 of 2023, Police Station – Udaipur, State of Rajasthan, under Section – 447, 504, 34 IPC. ii. FIR No. 285 of 2016, Police Station – Surajgarh, State of Rajasthan, under Section – 143, 147, 323, 149, 302, 307 IPC. iii. FIR No. 468 of 2022, Police Station – Rajgarh, State of Rajasthan, under Section – 406, 498A IPC. iv. FIR No. 210 of 2025, Police Station – Chidawa, State of Rajasthan, under Section – 406, 420 IPC.” 9. In response to this, Mr. B.S. Adhikari, learned counsel for the applicant submits that criminal history has been shown only the basis of information received from the portal and no detail has been furnished how applicant is linked with these cases and in fact it has been pleaded in paragraph 15 of the bail application that applicant has no criminal history in all over the country. 10. After hearing the learned counsel for the parties and further taking into consideration that investigation is still going, therefore, this Court is of the view that applicant does not deserve for bail, at this stage. 11. Accordingly, without expressing any opinion on the merit of the case, the bail application is rejected, at this stage. (Rakesh Thapliyal, J.) 01.12.2025 SKS 2025:UHC:10683