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2025 DAILYLAW 2511 (UTT)

KRISHNA YADAV v. STATE OF UTTARAKHAND

BA1/268/2025 · 2025-03-24

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2102 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. 268 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mrs. Prabha Naithani and Mrs. Sangeeta Bhardwaj, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Krishna Yadav’ S/o Shriprasad Yadav is praying for regular bail in relation to First Information Report dated 16.09.2024 P.S. Muni-ki-Reti District Tehri Garhwal, registered as FIR No. 113 of 2024, wherein the present applicant along with one another person Anand Selvakesari CEO were implicated for the offences punishable under Section 318(3) of BNS, 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and he was infact a salaried employee of the other coaccused Anand Selvakesari CEO. 5. Apart from this, learned counsel for the applicant submits that even otherwise though the applicant have no nexus of the offence alleged in the FIR the father of the applicant remitted an amount of Rs. 12 lakhs to the complainant, which itself reflects from the order passed by the Coordinate Bench dated 05.12.2024 in WPCRL No. 1327 of 2024. 6. Apart from this, learned counsel for the applicant submits that the compounding application has been moved in WPCRL No. 1327 of 2024 and the Coordinate Bench of this Court called the counter affidavit from the State and the matter is still pending for consideration. 7. On the other side, learned State counsel submits that the investigation against the other co- accused namely Anand Selvakesari CEO is still going on; however, the charge-sheet has already been filed against the applicant and therefore, there is no need of custodial interrogation. 8. Apart from this, he also fairly submits that 2025:UHC:2102 the applicant have no previous criminal history. 9. After hearing the arguments of the learned counsel for parties and further taking into consideration that the investigation against the present applicant has already been concluded and the charge-sheet has already been filed and furthermore the applicant have no previous criminal history, this court is of the view that the applicant deserves for bail. 10. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 11. Let the applicant ‘Krishna Yadav’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the Court concerned. 12. It is made clear that after being released on bail the present applicant will cooperate with the Investigating Agency for completing the part investigation against the co-accused since on perusal of the FIR it reveals that the main accused in the said alleged cyber crime is Anand Selvakesari CEO, who is still absconding. (Rakesh Thapliyal, J.) 24.03.2025 PR 2025:UHC:2102