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2025 DAILYLAW 2895 (UTT)

LALIT GIIRI GOSWAMI v. STATE OF UTTARAKHAND

BA1/330/2025 · 2025-03-04

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1485 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/330/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Siddharth Bankoti, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant is in judicial custody in relation to FIR dated 24.11.2024 bearing FIR No. 181 of 2024, registered at Police Station – Pant Nagar, District – Udham Singh Nagar, wherein present applicant has been implicated for the offences punishable under Sections 309 (4), 317 (2) BNS. 4. Learned counsel for the applicant submits that applicant is not named in the FIR, since the FIR is lodged against unknown persons and his name was disclosed by two other co-accused Shivam Gupta and Sachin Rastogi, who were arrested on 07.12.2024 and on whose pointing out stolen Scooty was recovered. He further submits that the applicant is working in the Voltas Company as a worker and has no previous criminal history and furthermore, he has no nexus with the alleged crime, which was committed by two other co-accused Shivam Gupta and Sachin Rastogi on whose pointing out stolen Scooty was recovered along with number plate. He further submits that after investigation, charge-sheet has already been filed, therefore, there is no need of custodial interrogation. 5. On the previous date, State Counsel was directed to get instructions in the matter. 6. Today, on the basis of written instructions, learned AGA submits that stolen Scooty was recovered from two other co-accused Shivam Gupta and Sachin Rastogi and applicant has no criminal history. 7. After hearing learned counsel for the parties and further taking into consideration the fact that charge-sheet has already been filed, therefore, 2025:UHC:1485 there is no need of custodial interrogation and applicant has not criminal history, therefore, this Court is of the view that applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed. 8. Let the applicant “Lalit Giri Goswami” be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 04.03.2025 SKS 2025:UHC:1485