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2025 DAILYLAW 4535 (UTT)

BACHAN SINGH ALIAS GURBACHAN SINGH v. STATE OF UTTARAKHAND

BA1/531/2025 · 2025-05-16

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 531 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Shubam Pandey, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned Brief Holder for the State. 3. Present applicant–Bachan Singh alias Gurbachan Singh S/o Shri Preetam Singh is seeking bail in relation to FIR No.0034 of 2025, registered on the basis of FIR dated 07.02.2025 at Police Station Ramnagar, District Nainital, which was lodged for the offences punishable under Section 3/05/25/27 of the Arms Act, 1959. 4. Learned counsel for the applicant submits that the present applicant is not named in the FIR and this bail application of the person, who is named in the FIR as Maksood, has been rejected. 5. Learned counsel for the applicant also submits that from the main accused- Maksood the recovery of large number of arms and ammunitions were recovered, however, there is no recovery from the present applicant. 6. Learned counsel for the applicant further submits that the charge-sheet has been filed, therefore, there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant has no previous criminal history. 7. On the other side, learned State counsel have not disputed this fact that, in fact, as per the prosecution, the main accused is the Maksood from whose possession there is huge recovery of arms and ammunitions and his bail application has already been rejected. He further submits that so far as the present applicant is concerned, there is no recovery from him and he has no previous criminal history and the charge-sheet has been filed, therefore there is no need of custodial interrogation of the present applicant. 8. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and there is no recovery from the present applicant and he has no previous criminal history, this Court is of the view that the applicant deserves to be enlarged on bail. 9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 10. Let the applicant, namely, Bachan Singh alias Gurbachan Singh, 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.) 16.05.2025 R.Bisht