SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1/329/2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Pushpa Joshi, learned Sr. Advocate assisted by Ms. Nipushmola Joshi, 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 02.12.2024 bearing FIR No. 0467 of 2024, registered at Police Station – Kashipur, District Udham Singh Nagar, wherein present applicant and his brother Vikas Sharma have been implicated for the offences punishable under Section 109, 351 (2), 352 BNS read with 3 / 25 of the Arms Act. 4. Learned Sr. Advocate for the applicant submits that applicant is innocent and has been falsely implicated and the entire allegations, as alleged in the FIR are fabricated but the fact is that brother of the applicant – Vikas Sharma, who was manager of the “Shamshan Ghat” Kashipur was sitting in his office on 02.12.2024 at about 12.30, he was informed by a worker that some people are disrespecting the cremation spot were roaming around there and thereafter, when the applicant’s brother reached the spot and he tried to stop them, however, Sunil and four others started beating his brother with iron rod and his right leg was fractured and subsequently, during treatment he died, regarding which, an FIR was lodged by his brother on 08.12.2024, registered as FIR No. 475 of 2024, Police Station – Kashipur, District – Udham Singh Nagar for the offences punishable under Section 115 (2), 117 (2), 191 (2), 351 (2) and 352 of BNS, 2023. 5. Learned Sr. Advocate for the applicant submits that quarrel was happened at the time of incident but other side was aggressor due to which applicant’s brother died during treatment. Apart from this, she submits that charge-sheet has already been filed, therefore, there is no need for custodial interrogation and applicant has no previous criminal history and he is languishing in jail since 02.12.2024. 6. On the previous date, State was directed to get instructions including the medical report. 7. On the basis of written instructions, learned AGA for the State submits that as per the medical report, injuries caused to the victim in the said incident, are simple in nature and as per opinion of the doctor also, injuries are simple in nature. 8. Learned State Counsel has not disputed this fact that applicant has no previous criminal history and injuries sustained by the victim are simple in nature. 9. After hearing learned counsel for the parties and further taking into consideration the fact that applicant has no previous criminal history and injuries caused to the victim are simple in nature, 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. 10. Let the applicant “Ashish Sharma” 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.) 03.03.2025 SKS