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2025 DAILYLAW 4250 (UTT)

SHARVWAN v. STATE OF UTTARAKHAND

BA1/484/2025 · 2025-04-09

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2679 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. 484 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Bilal Ahmed, learned counsel for the applicant. 2. Mr. V.S Pal, learned AGA for the State. 3. Present applicant–Sharvwan, is seeking regular bail in relation to first information report dated 01.03.2025 bearing FIR No. 0264 of 2025, Police Station Laksar, District Haridwar, wherein the present applicant has been implicated for the offences punishable under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. 4. Learned counsel for the applicant submits that the present applicant has been falsely implicated only on the basis of disclosure of name of the present applicant by the other co-accused. 5. Learned counsel for the applicant further submits the present applicant have no nexus with the gang leader-Arvind. Apart from this, he submits that there are three cases against the present applicant which has been shown in the FIR i.e. i) Case Crime No.1221 of 2024 for the offence punishable under Section 109(4) of B.N.S read with Section 3/25 of Arms Act, P.S. Laksar, District Haridwar. ii) Case Crime No.1120 of 2024, for the offences punishable under Sections 309(4), 317(2) of B.N.S, P.S. Laksar District Haridwar iii) Case Crime No.1183 of 2024 for the offences punishable under Sections 309(4), 317(2) of B.N.S., P.S. Laksar, District Haridwar. iv) Case Crime No.93 of 2024 for the offences punishable under Section 8/60/21, P.S. Piran Kaliyar District 2025:UHC:2679 Haridwar. 6. He also submits that in all the aforesaid cases, the present applicant is on bail. 7. On the other side, Mr. V.S. Pal, learned AGA for the State, submits that the present applicant is a habitual offender and indulge in criminal activities, which is evident from the cases, the reference of which, have been given in the FIR and the two cases relate to the robbery and one case relates to the NDPS Act. 8. Apart from this, Mr. V.S. Pal, learned AGA for the State also pointed out that there is one more case in which the applicant is an accused relates to Case Crime No.1065 of 2024 for the offences punishable under Section 309(4) and 317(2) of BNS Act, 2023, P.S. Laksar, District Haridwar. 9. After hearing the arguments as advanced by learned counsel for the parties and further after gone through the contents of the FIR and the nature of the cases with regard to the other cases, in which the applicant is an accused, at this stage, this Court is of the view that the applicant is not entitled to be enlarged on bail. 10. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 09.04.2025 R.Bisht 2025:UHC:2679