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2025 DAILYLAW 4329 (UTT)

RAMESH SINGH ALIAS PAPPU v. STATE OF UTTARAKHAND

BA1/502/2025 · 2025-03-25

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2162 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/502/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Abhishek Verma, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant Ramesh Singh @ Pappu is praying for regular bail in relation to FIR/Case Crime No. 159 of 2023 registered on the basis of the FIR dated 22.03.2023 registered at P.S. Kashipur District Udham Singh Nagar wherein the present applicant has been implicated along with one Babu for the offence punishable under Section 302 and 201 IPC 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated which is evident from the fact that after more than seven months of the incident the FIR was lodged. He further submits that applicant is languishing in jail since 04.07.2024 and has no previous criminal history. Apart from this, he submits that on the next day of the incident, a written complaint was made by the complainant to the concerned police station and on perusal of which it reveals that different story cooked up in the FIR. Apart from this, he submits that charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and the applicant be released on bail. 5. On the other side, Mr. V.S. Pal, learned A.G.A. for the State submits that there is no contradiction on the allegation made in the written complaint 2025:UHC:2162 of the complainant dated 28.07.2022 and the FIR. He further submits that there is no delay in lodging the FIR, since, on the written complaint dated 28.07.2022 the FIR was not registered, thereafter an application was moved under Section 156(3) Cr.P.C and the Trial Court after passing the detail order directed to lodge an FIR. He further submits that after thorough investigation and after collecting material evidence charge sheet has been filed. He further submits that on the pointing out of the applicant one spade (QkoM+k½ was also recovered which was used in the said crime. 6. After hearing the arguments of the learned counsel for the parties I do not find any good ground to grant bail to the applicant. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is rejected. (Rakesh Thapliyal, J.) 25.03.2025 Parul 2025:UHC:2162