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2025 DAILYLAW 1966 (UTT)

SHAMSHAAD AHAMAD v. STATE OF UTTARAKHAND

BA1/216/2025 · 2025-03-18

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1875 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.216 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Kartikey Hari Gupta, learned counsel for the applicant. 2. Mr. Siddharth Bisht and Mr. V.S. Pal, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Shamshaad Ahamad, who is in judicial custody since 11.06.2024, seeking bail in relation to a FIR dated 06.10.2023 bearing FIR No.0029 of 2023, Police Station – Kirti Nagar, District – Tehri Garhwal, wherein three persons were implicated for the offence punishable under Section 420 IPC. 4. Learned counsel for the applicant submits that the applicant is innocent and he is not named in the FIR, however, after completion of the investigation, the charge- sheet has been filed and the applicant is also charge-sheeted. He submits that the applicant is the Director of the Company, namely, M/s. Vedic Ayurcure Retails Private Limited, which is not a subsidiary or sister company of Axis E. Corps Solutions Private Limited. 5. Apart from this, he submits that in respect of the identical allegations, the applicant was implicated in Delhi as well as in Karnataka, where the applicant has been enlarged on bail. The copy of one of the bail order is also enclosed in the bail application. In addition to this, the order of the bail granted in Karnataka is also placed before this Court. 6. Learned counsel for the applicant also submits that since the charge-sheet has already been filed and as such there is no need of custodial interrogation and as such the applicant be released on bail. 7. Per Contra, the State counsel has opposed the bail application on the ground that the present applicant is involved in similar cases in other States and against rest 2025:UHC:1875 of the accused, the investigation is still going on. 8. After hearing learned counsel for the parties and further taking into consideration that in the State of Delhi as well as in Karnataka, the applicant has already been enlarged on bail and in the present case, the charge-sheet has already been filed, therefore, there is no need of custodial interrogation, however, there is an apprehension that if the applicant be released on bail he may influence the ongoing investigation against the other co-accused, therefore this Court is of the view that since the charge-sheet has already been filed against the present accused some stringent conditions be imposed while granting bail to the present applicant. 9. Therefore, keeping in view of the fact that the charge-sheet has already been filed and there is no need for custodial interrogation, the present applicant Shamshaad Ahmad is admitted to bail on furnishing bail bonds for the sum of Rs. 2,00,000/- with two sureties each in like amount subject to the following conditions:- i. The accused shall not commit offence similar to the offence of which he is accused or is suspected of having committed. ii. The accused shall attend all the court date fixed during the trial; iii. The accused shall not directly or indirectly make any inducement, threat, promises to any person acquainted with the facts of the case so as to dissuade him from disclosing him from such facts to the court or to any police official or tamper with evidence; iii. After being released on bail the applicant will not make any attempt to influence the ongoing investigation against the other co-accused. iv. The accused shall not leave the Country without seeking prior permission to the Court concerned. 10. The Bail application stands disposed of accordingly. (Rakesh Thapliyal, J.) 18.03.2025 R.Bisht 2025:UHC:1875