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2025 DAILYLAW 2498 (UTT)

VANSHPAL v. STATE OF UTTARAKHAND

BA1/264/2025 · 2025-03-20

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2005 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.264 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Amit Satyawali along with Ms. Gyanmati Kushwaha, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA for the State. 3. Present applicant–Vanshpal is in judicial custody since 04.11.2024 and seeking bail in relation to FIR/Case Crime No.0212 of 2024, registered on the basis of FIR dated 08.08.2024 at Police Station Transit Camp, District Udham Singh Nagar, wherein the present applicant along with other co-accused and unknown persons were implicated for the offences punishable under Sections 115(2), 117(2), 191(2)(3), 190 and 109(1) of the B.N.S, 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, and, in fact, he was there only to resolve the sudden quarrel in between the parties, which is evident from the fact that the injured Ashish Sarkar himself gave an affidavit during investigation to the Investigating Officer by saying that the present applicant was only present to resolve the sudden quarrel in between the parties. 5. It is also submitted by learned counsel for the applicant that the applicant has no nexus with the other co- accused and now after investigation the charge-sheet has already been filed, therefore, there is no need of custodial 2025:UHC:2005 interrogation and the applicant has no previous criminal history. 6. On the other side, Mr. Siddhartha Bisht, learned AGA for the State, has not disputed this fact that the investigation has already been completed and the charge-sheet has been filed and the applicant has no previous criminal history. 7. After hearing the arguments, as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and there is no need of custodial interrogation, and, furthermore, the injured witness himself filed an affidavit by saying that the applicant was there only to resolve the dispute in between the parties, this Court is of the view that the applicant deserves to be enlarged on bail. 8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 9. Let the applicant, namely, Vanshpal, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 20.03.2025 R.Bisht 2025:UHC:2005