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2025 DAILYLAW 4760 (UTT)

AVINASH CHAMOLI v. STATE OF UTTARAKHAND

BA1/575/2025 · 2025-04-04

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2509 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/575/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Pawan Mishra, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant is seeking regular bail in relation to FIR dated 18.08.2024 bearing FIR No. 0210 of 2024 Police Station – Kotdwar, District – Pauri Garhwal wherein present applicant and one other have been implicated for the offences punishable under Section 420 IPC. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and in fact, assurance of appointment has been given by co-accused Amit Rawat, who has already been enlarged on bail by this Court by order dated 24.03.2025 passed in BA1 No. 493 of 2025. 5. Apart from this, he submits that after investigation, charge-sheet has been filed under Section 420, 467, 468, 471, 120B IPC and as such, there is no need of custodial interrogation of the applicant. He further submits that applicant has no previous criminal history. 6. On the other side, Ms. Meenakshi Sharma, learned Brief Holder for the State submits that present applicant is the beneficiary, which is evident from the fact that complainant credited the amount in his account, however, she has not denied the fact that charge sheet has already been filed and there is no need of custodial interrogation and applicant has no previous criminal history. 7. After hearing learned counsel for the parties and further taking into consideration that applicant has no previous criminal history and charge-sheet has already been filed and there is no need of custodial interrogation, since chargesheet has already been filed, therefore, this 2025:UHC:2509 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 – Avinash Chamoli be released on bail on furnishing a personal bond and two sureties, each of the like amount to the satisfaction of court concerned. (Rakesh Thapliyal, J.) 04.04.2025 SKS SATYENDRA KUMAR SHARMA Digitally signed by SATYENDRA KUMAR SHARMA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=0ae29206736743e1dbac130112ec0ecf08e05 510bf453a3831b775c37aaef013, postalCode=263001, st=UTTARAKHAND, serialNumber=D399BE9D4085860FEA4EC70D3381004 8385B41426ED344626DCE3F13245AD17E, cn=SATYENDRA KUMAR SHARMA Date: 2025.04.07 10:42:17 +05'30'