Extracted from the PDF above. The PDF is authoritative.
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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. 288 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Ms. Abhilasha Tomar, learned counsel for the applicants.
2. Mr. S.C. Dumka and Mr. V.S. Pal, learned A.G.A. along with Mr. Prabhat Kandpal and Mr. Rakesh Negi, Brief Holders for the State.
3. The present applicants “Pradeep Kumar Kashyap” and “Harpal” are seeking bail in relation to FIR No. 34 of 2025 dated 16.01.2025, P.S. Kashipur, District Udham Singh Nagar, wherein, the applicants are implicated for the offence punishable under Sections 274, 275, 318(4) of B.N.S., 2023 and for the offence punishable under Sections 60, 62, 63 and 72 of Excise Act.
4.
Learned counsel for the applicant submits that the applicants are innocent and they were not carrying the illegal country made liquor and without chemical
analysis they have been implicated.
5. Apart from this, learned counsel for the applicants submits that there is no public witness and the applicants have no previous criminal history and are languishing in jail since 15.01.2025.
6. Apart from this, learned counsel for the applicant submits that all the offences are triable by the Magistrate.
7. On the other side, learned A.G.A. submits that the applicants are not innocent and they were carrying illegal country made liquor; however, he has not disputed this fact that all the offences are triable by Magistrate.
8. After hearing the arguments of the learned counsel for the applicants and further taking into
consideration that the applicants have no previous criminal history regarding which statement has been given in paragraph 11 of the bail application and furthermore all the offences are triable by Magistrate, this court is of the view that the applicants are entitled to be enlarged on bail.
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9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
10. Let the applicants
“Pradeep Kumar Kashyap” and Harpal” be released on bail during the pendency of the trial on furnishing their personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 20.02.2025 PR
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