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2025 DAILYLAW 3843 (UTT)

AMIT DAND PATHAK v. STATE OF UTTARAKHAND

BA1/426/2025 · 2025-03-24

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2116 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/426/2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Neeti Rana, 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 praying for regular bail in relation to FIR dated 01.02.2025 bearing FIR No. 0029 of 2025, registered at Police Station – Raipur, District – Dehradun, which was lodged for the offence punishable under Section 109 (1) BNS, 2003. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. She further submits that the applicant was not named in the FIR and his name was disclosed by the co-accused that he was present at the spot. Apart from this, she further submits that there is dispute between the victim and younger brother of the present applicant, who are studying in the same institution. Applicant is working in Merchant Navy and has no previous criminal history. 5. On the other side, learned AGA for the State on the basis of written instructions, submits that no role has been assigned to the present applicant. He fairly submits that present applicant has been implicated only the basis of statement made by co- accused and he was only present at the time of incident and he has no previous criminal history. 6. After hearing learned counsel for the parties and further taking into consideration the fact that there is dispute between some students of the same institution and present applicant has no nexus with them in any manner, 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. 7. Let the applicant “Amit Dand Pathak” be 2025:UHC:2116 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.) 24.03.2025 SKS