Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6553 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. 240 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Arvind Vashistha, learned senior counsel assisted by Mr. Hemant Singh Mahra and Mr. Siddhant Tiwari, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Additional Advocate General for the State. 3. The present applicant ‘Anant Jain’ S/o Shri Shravan Kumar Jain is praying for bail in relation to First Information Report dated 10.12.2024 bearing FIR No. 239 of 2024 P.S. Basant Vihar, District Dehradun, which was lodged against unknown person. 4. The brief facts of the case are that the police received an information that an old man was lying with wound in stomach and throat and thereafter taken to the hospital where he was declared dead. The First Information Report was lodged at the behest of one Aadesh Kumar Garg on 10.12.2024 at P.S. Basant Vihar. 5. As per the prosecution, the present applicant along with the other co-accused Naveen were arrested on 12.12.2024 and they confessed their guilt and thereafter on their pointing out the recovery was made and then both of them were sent to the judicial custody on 13.12.2024. It is argued by Mr. Arvind Vashistha that infact both the accused were taken on custody on 11.12.2024 and thereafter the false recovery have been shown. He submits that there is no direct evidence with regard to the involvement of the present applicant, which is evident from the fact that the FIR has been lodged against the unknown person. 6. In addition to this, he also refers the G.D. entry and as per the G.D. entry both the accused persons were arrested on an information of the informer. 7. Apart from this, he also argued that the prosecution has shown the recovery of blood stain clothes along with two jackets but the present applicant denied that the jacket belongs to him though the other co-accused admitted that the particular jacket which was recovered on his
2025:UHC:6553 pointing out belongs to him. Apart from this, he submits that the present applicant is languishing in jail since 12.12.2024 and the charge-sheet has already been filed and as such there is no need of the custodial interrogation of the present applicant. 8. Apart from this, he submits that the applicant is a law graduate having no criminal antecedents.
He further submits that based on the CCTV footages which was outside the house of the deceased both the accused were implicated. He also submits that as per the G.D. entry there is a reference of the informer but on close scrutiny of the same it reveals that the informer appears to be the eye witness of the incident. 9. On the other side, learned Additional Advocate General Mr. G.S. Sandhu argued that as per the CCTV footages the applicant was found at the place of the occurrence and also submits that the DNA report of the blood stained clothes and other materials, which were recovered on their pointing out, is also found to be positive. 10. Apart from this, Mr. G.S. Sandhu also argued that the present applicant confessed his guilt. Mr. G.S. Sandhu also submits that now on completion of the investigation the charge-sheet has been filed and as such at this juncture there is no need of the custodial interrogation of the present applicant and furthermore the applicant has no previous criminal history. Mr. G.S. Sandhu also suggests that since the offence is appears to be grave in nature and the charge-sheet has been filed, therefore, taking into
consideration the grieviousness of the offence if the applicant is enlarged on bail then some stringent condition may also be imposed.
11. After hearing the arguments of learned counsel for the parties and without expressing any opinion on the merit of the case and taking into
consideration that the charge-sheet has been filed and as such there is no need of the custodial interrogation of the present applicant and furthermore the applicant has no previous criminal history, this court is of the view that the applicant deserves for bail.
12. Accordingly, the bail application is allowed.
13. Let the applicant ‘Anant Jain’ be released on bail on furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned on the following terms and
2025:UHC:6553 conditions: i. After being released on bail the applicant shall surrender his passport to the Trial Court within 24 hours. ii. The applicant shall join the proceeding of the Trial Court on each and every date without seeking any unnecessary adjournment. iii. The applicant will not make any attempt to influence any witness and will cooperate with the trial.
14. It is made clear that grant of bail to the present applicant shall not be treated as a precedent in respect of the other co-accused.
(Rakesh Thapliyal, J.) 24.07.2025 PR
2025:UHC:6553