2025:UHC:1994 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/217/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. D.N. Sharma, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant is in judicial custody in relation to FIR dated 14.08.2024 bearing FIR No. 406 of 2024, Police Station – Rudrapur, District – Udham Singh Nagar wherein present applicant has been implicated for the offences punishable under Section 103 (1), 238, 309 (4), 64 of BNS, 2023. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and chargesheet has already been filed, therefore, there is no need of custodial interrogation. 5. Apart from this, he further submits that as per prosecution story, there was only one mobile with the deceased, however, two different locations were given, which itself falsify the entire prosecution story. 6. On the other hand, learned State Counsel has vehemently opposed the bail application and submits that in fact, deceased was having two mobile phones, one was thrown by the applicant after commission of crime and another mobile was taken by him and thereafter, SOG put the IMEI number of the mobile of the deceased on surveillance and located the location of the applicant and applicant was arrested. Learned State Counsel on the basis of written instructions, further submits that applicant sold one of the mobiles of the deceased to one Bihari Lal, who made that a statement that mobile phone of the deceased was sold by present applicant. 7. After hearing learned counsel for the parties and after gone through the FIR and counter affidavit, this Court is not inclined to grant bail to the applicant, at this stage. 8. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 20.03.2025 SKS 2025:UHC:1994