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2025 DAILYLAW 3694 (UTT)

RAHUL GARG v. STATE OF UTTARAKHAND

BA1/418/2025 · 2025-07-22

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6426 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/418/2025 Hon’ble Rakesh Thapliyal, J 1. Mr. R. S. Rawat, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate and Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant ‘Rahul Garg, son of Shri Dinesh Garg’ is praying for regular bail in relation to First Information Report dated 20.01.2025 bearing FIR No. 0004 of 2025, Police Station – Tallital, District – Nainital, wherein present applicant along with his brother and two other persons namely Shankar and Baburam were implicated for the offences punishable under Section 229 (1), 318 (4), 319, 338, 339, 340 and 61 (2) (a) of the BNS, 2023. 4. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated and charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and the applicant is languishing in jail since 25.01.2025. 5. Apart from this, he submits that applicant was enlarged on bail in relation to FIR No. 15 of 2017 for the offences punishable under Section 467, 468, 471, 420 IPC, however, the sureties, which he furnished, at the time of bail were found to be forged but he has no fault on this since he was in jail. He further submits that father of the applicant is the pairokar and he undertakes that he will furnish fresh and genuine sureties in the present case as well as in FIR No. 15 of 2017, in which he was bailed out cancelled. 6. Mr. Siddharath Bisht, learned AGA for the State, has not disputed that charge-sheet has been filed, therefore, there is no need of custodial interrogation and the applicant is languishing in jail since 25.01.2025 and he fairly submits that if pairokar of the applicant, who is his father, is ready to furnish fresh and genuine sureties, then 2025:UHC:6426 in such an eventuality, applicant may be bailed out. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that charge-sheet has been filed, therefore, there is no need of custodial interrogation and the applicant is languishing in jail since 25.01.2025, this Court is of the view that applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant ‘‘Rahul Garg, son of Shri Dinesh Garg” be released 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.) 22.07.2025. SKS