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2025 DAILYLAW 4517 (UTT)

SANCHIT KASHYAP v. STATE OF UTTARAKHAND

BA1/529/2025 · 2025-07-08

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5874 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. 529 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Vikas Kumar Guglani, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Sanchit Kashyap S/o Shri Rajesh Kashyap is seeking regular bail in relation to first information report dated 20.01.2025 bearing FIR No.0042 of 2025, Police Station Sitarganj, District Udham Singh Nagar, which has been lodged against two unknown person for the offence punishable under Section 309(2) of BNS, 2023. After completion of the investigation, the applicant has been charge-sheeted for the offences punishable under Sections 3(5), 309(2), 317(2) of BNS, 2023 and 25(1-B)(A) of the Arms Act. 4. It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the recovery, as shown, is nothing but planted one since the complainant, in his examination-in-chief and cross-examination, has not identified the present applicant. Apart from this, learned counsel for the applicant submits that the charge-sheet has been filed on 20.03.2025 and the applicant is languishing in jail since 21.01.2025, and as such, there is no need of custodial interrogation of the present applicant. 5. Learned counsel for the applicant further submits that the applicant has no previous criminal history. 6. On the other side, Mr. Siddhartha Bisht, learned AGA for the State, have not disputed this fact that the charge-sheet has 2025:UHC:5874 already been filed and the applicant is languishing in jail since 21.01.2025 and since the investigation has already been completed and as such, at this juncture, there is no need of custodial interrogation of the present applicant. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that since the charge-sheet has already been filed and as such there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant has no previous criminal history, therefore, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 9. Let the applicant, namely, ”Sanchit Kashyap,” be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 08.07.2025 R.Bisht 2025:UHC:5874