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2025 DAILYLAW 3984 (UTT)

KARAN SINGH VIRK v. STATE OF UTTARAKHAND

BA1/451/2025 · 2025-03-18

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1858 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 451 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Ajeet Kumar Yadav, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Karan Singh Virk, is seeking bail in relation to first information report dated 13.10.2024 bearing FIR No. 0231 of 2024, Police Station Dineshpur, District Udham Singh Nagar, wherein the present applicant and other co-accused persons were implicated for the offences punishable under Sections 109, 115(2), 190, 191(2), 191(3), 351(2) & 352 of BNS 2023. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated; there is no specific allegation against the present applicant and the recovery, which has shown to be recovered on his pointing out, is planted one. He also submits that in respect of the same incident, there is a cross FIR, which was registered as FIR No. 0232 of 2024, in which one of the co-accused-Navjot Singh Jathol was enlarged on bail by the Coordinate Bench of this Court. 5. Learned counsel for the applicant further submits that another co-accused Rakhbeer Singh was granted interim anticipatory bail in ABA No.1038 of 2024 by the Coordinate Bench of this Court, who is also one of the accused in FIR No.0231 of 2024. 6. Learned counsel for the applicant further submits that the applicant is neither a previous convict nor he is wanted in any case, however, there is another FIR lodged against him by the police personnel wherein he has been falsely implicated and also there is a case in which he has been implicated under the Gangster Act and in all these cases, he has been released on 2025:UHC:1858 bail. 7. Per Contral, learned State Counsel Mr. V.S. Pal, vehemently opposed the bail application by submitting that on the pointing out of the present applicant, a pistol was recovered from the present applicant which was used in the crime. 8. Apart from this, learned State counsel also submits that the another co-accused Sukhvinder Singh @ Sakkhi, who is also named in this FIR, has been denied bail by this Court on 20.02.2025. Apart from this, learned counsel for the applicant also submits that the applicant has previous criminal history of the same nature. 9. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the bail application of the other co-accused has been rejected by this Court, and, furthermore, there is a direct evidence against the applicant and the applicant has a previous criminal history of the same nature, this Court is of the view that the applicant is not entitled for bail. 10. Accordingly, the bail application is dismissed. (Rakesh Thapliyal, J.) 18.03.2025 R.Bisht 2025:UHC:1858