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2025 DAILYLAW 2053 (UTT)

SHASHANK v. STATE OF UTTARAKHAND

BA1/233/2025 · 2025-03-25

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2179 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. 233 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. S.R.S. Gill, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned Brief Holder for the State. 3. Present applicant–Shashank, is seeking regular bail in relation to first information report dated 19.10.2024 bearing FIR No. 0793 of 2024, Police Station Bhagwanpur, District Haridwar, wherein the present applicant has been implicated for the offence punishable under Section 326(6) of Bhartiya Nyay Sanhita, 2023. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated, which is evident from the facts that the side of the complainant caused an incident with the present applicant on 06.10.2024 in relation to which, the FIR was lodged on 07.10.2024. He submits that in a counterblast, a case was projected by lodging an FIR on 19.10.2024 in respect of an incident which was alleged to be happened on 14.10.2024. He also submits that this is clearly a case of malicious prosecution. 5. On the other side, the counsel for the State submits that at the time, when the incident took place, the owner of the house was not in the house, and, furthermore, after collecting the credible evidence the charge- sheet has been filed. He also submits that in respect of the FIR lodged from the side of the present applicant on 07.10.2024, charge-sheet has been lodged. 6. Apart from this, learned State counsel submits that so far as the present applicant is concerned, he has a previous criminal history of four cases and one such trial is also in respect of the offence punishable under Section 2025:UHC:2179 302 IPC. 7. In pursuant to the previous order, today the investigating officer also join the proceeding through V.C. and apprise to this Court not only this even the complainant’s side also has criminal history having more than 15 cases. He submits that both the parties are indulged since long back in criminal activities in the entire area. He also submits that due to the conduct of both the parties, there is a fear in the entire area. 8. After perusing the entire record including certain photographs in this bail application which is in respect of the incident which was happened on 06.10.2024 with regard to the first information record dated 07.10.2024, it appears that the complainant here in this case also indulged in the criminal activity. It further reveals that the complainant side are also habitual to make the organized crime in the locality. If it is so, this is very serious issue. So far as the present case is concerned, I do not find any merit in the bail application, the same is accordingly rejected. 9. Accordingly, the bail application is dismissed. (Rakesh Thapliyal, J.) 25.03.2025 R.Bisht 2025:UHC:2179