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2025 DAILYLAW 4288 (UTT)

KRISH THAKUR ALIAS PRIYANSHU v. STATE OF UTTARAKHAND

BA1/498/2025 · 2025-04-25

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3093 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/498/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. J. K. Pandey, learned counsel, holding brief of Mr. Piyush Garg, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned Assistant Government Advocate for the State. 3. Present applicant is praying for regular bail in relation to FIR dated 07.11.2024 bearing FIR No. 0879 of 2024, registered at Police Station – Kotwali, Haridwar District – Haridwar, wherein the present applicant has been implicated for the offences punishable under Section 323, 376, 384, 504, 506 IPC along with other co-accused Gautam @ Ilu, Vineet Verma and Vaibhav Pant. 4. Learned counsel for the applicant submits that applicant’s younger brother Gautam @ Ilu has also been implicated as an accused. As per prosecution case, Gautam @ Ilu the younger brother of the present applicant is the main accused, who was in love with the victim. He further submits that it is highly improbable that two real brothers commit such crime with one girl. He further submits that there are contradictions in on the statement of victim recorded under Section 183 BNS, 2023 and the allegations, as alleged in the FIR. 5. Apart from this, he submits that since the charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and applicant has no previous criminal history and he is languishing in jail since 09.11.2024. 6. On the other hand, learned State Counsel has seriously opposed the bail application by submitting that allegations, as alleged in the FIR, are very serious in nature and the victim has support the prosecution case but he has not disputed this fact that younger brother of the applicant is main accused and since the charge sheet has already been filed, therefore, there is no 2025:UHC:3093 need of custodial interrogation of the applicant and applicant has no previous criminal history. 7. After hearing learned counsel for the parties and further taking into consideration that since the charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and applicant has no previous criminal history and younger brother of the applicant is the main accused, as he was in love affair with the victim, 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. 8. Let the applicant “Krish Thakur @ Priyanshu” be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned. 9. It is made clear that this granting of bail to the applicant will not be treated as precedent to the other accused. (Rakesh Thapliyal, J.) 25.04.2025. SKS 2025:UHC:3093