Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1787 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
ABA/257/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Harshit Sanwal,
learned counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. Present applicant-Shamsher Singh is seeking anticipatory bail in relation to FIR No. 231 of 2024 dated 13.10.2024 registered at P.S. Dineshpur, District Udham Singh Nagar which was lodged for the offences punishable under Sections 109, 115(2), 190, 191 (2), 191(3), 351(2) and 352 of BNS 2023.
4.
Learned counsel for the applicant submits that the applicant is not named in the FIR, and his name was disclosed by the other co-accused, and after disclosure of his name by the co- accused the statement of the informant was recorded after two months of the incident, i.e., on
19.11.2024. He further submits that there is no direct evidence against the applicant, and, furthermore even the eye witness or the injured witness has not disclosed his name.
5.
Learned counsel for the applicant submits that the applicant has no previous criminal history and he is ready to cooperate with the investigation. He further submits that the other co-accused have been granted interim bail by the Coordinate Bench of this Court. He further submits that another co-accused Rakhbeer Singh was also granted interim bail by the Coordinate Bench in ABA No. 1038
2025:UHC:1787 of 2024. In support of this, he placed before this Court the copy of the order passed by the Coordinate Bench on 06.12.2024, and on perusal of which it reveals that the said co-accused was also injured in the said crime and after taking into consideration his medical report the interim bail was granted to him.
6. Another
order has also been placed by the learned counsel for the applicant passed by the Coordinate Bench in ABA No. 1330 of 2024 which pertains to co-accused Gurjashan Deep Singh @ Jashandeep Singh. However, on perusal of this order it reveals that there was reference that charge sheet has already been filed and on that ground the interim bail was granted.
7.
Learned counsel for the applicant submits that though against rest of the accused charge sheet has been filed but the charge sheet has not been filed against the present applicant and the investigation is going on.
8. Mr. V.S. Pal, learned A.G.A. on the other side submits that the bail application of the other co-accused, namely Sukhvinder Singh @ Sakkhi was rejected by this Court on
20.02.2025. He further submits that in the said incident there are four injured person to whom gun shot injury was caused by the accused persons. He further submits that in the FIR there is a reference of unknown person also and during investigation name of the applicant came into picture.
9. After hearing arguments of the
learned counsel for the parties, and further after gone through the allegations, as alleged in the FIR, and keeping in view the fact that in the said incident there are four injured persons
2025:UHC:1787 and the bail application of the other co- accused-Sukhvinder Singh @ Sakkhi was rejected by this Court, this Court is of the view that the applicant is not entitled for anticipatory bail.
10. Accordingly, the anticipatory bail application is rejected.
(Rakesh Thapliyal, J.)
17.03.2025 Parul
2025:UHC:1787