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2025 DAILYLAW 4585 (UTT)

SANJAY KUMAR ALIAS SANJU v. STATE OF UTTARAKHAND

BA1/535/2025 · 2025-05-23

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4372 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. 535 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mukul Singh Dangi, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned A.G.A. for the State. 3. The present applicant ‘Sanjay Kumar alias Sanju’ is praying for regular bail in relation to First Information Report dated 30.04.2024 bearing FIR No. 235 of 2024 P.S. Bazpur, District Udham Singh Nagar, wherein, the present applicant has been implicated for the offence punishable under Section 302 of IPC. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and there is no any independent eye witness and the recovery, which has been shown on the pointing of the present applicant is a stone, which according to the prosecution is used in the commission of the crime and the recovery was shown from the house of the present applicant. 5. He submits that the prosecution case is highly improbable and unbelievable since after commission of the crime by using a stone no person will first search the stone and then kept it in house. 6. Apart from this, he submits that the applicant have no previous criminal history and is languishing in jail since 01.05.2024. 7. On the other side, Mr. Pankaj Joshi, learned A.G.A. seriously oppose the bail application by submitting that the offence as alleged is serious in nature and there are eye witnesses, however, he has not disputed that the charge sheet has already been filed, therefore, at this stage there is no need of custodial interrogation of the present applicant. He further submits that the applicant has no previous criminal history. 8. After hearing the arguments of learned counsel for the parties and further taking into 2025:UHC:4372 consideration that the charge sheet has already been filed and the investigation has already been completed and as such there is no need of custodial interrogation of the present applicant and furthermore the applicant is not having previous criminal history and is languishing in jail since 01.05.2024, this court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 10. Let the applicant ‘Sanjay Kumar alias Sanju’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 23.05.2025 PR 2025:UHC:4372