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2025 DAILYLAW 2813 (UTT)

JONI ALIAS VIKAS v. STATE OF UTTARAKHAND

BA1/315/2025 · 2025-02-25

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1311 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. 315 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicant through V.C. 2. Mrs. Pushpa Bhatt, learned Deputy Advocate General assisted by Mr. Pankaj Joshi, learned A.G.A. for the State. 3. The present applicant Joni @ Vikas is in a judicial custody in relation to First Information Report dated 31.05.2024 bearing Case Crime No. 454 of 2024 for the offences punishable under Sections 364A and 323 of IPC, P.S. Kotwali Haridwar, District Haridwar. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and is languishing in jail since 03.12.2024. He further submits that applicant has no previous criminal history. 5. Apart from this, learned counsel for the applicant submits that other co-accused Rahul is also enlarged on bail by this court on 21.02.2025. 6. Apart from this, learned counsel for the applicant submits that there is no any independent witness and the story as cooked up in the FIR is the concocted story. He further submits that the charge-sheet has already been filed. 7. On written instructions learned A.G.A. submits that the applicant was found to be present at the time of incident and the victim was also identified by the present applicant. 8. Apart from this, learned A.G.A. also not disputed this fact that the charge-sheet has already been filed. 9. After hearing the arguments of the parties and taking into consideration that the applicant have no previous criminal history and the charge- sheet has already been filed and as such there is no need of custodial interrogation and the other co-accused has also been enlarged on bail, this 2025:UHC:1311 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 ‘Joni@Vikas’ be enlarged on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 25.02.2025 PR