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2025 DAILYLAW 4855 (UTT)

DEEPAK YADAV v. STATE OF UTTARAKHAND

BA1/580/2025 · 2025-04-04

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2513 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. 580 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mukesh Kumar Kaparuwan, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Deepak Yadav is in judicial custody since 10.10.2024 and seeking bail in relation to FIR/Case Crime No.0113 of 2024, registered on the basis of FIR dated 16.09.2024 at Police Station Muni Ki Reti, District Tehri Garhwal, wherein two persons, one Anand Selvakesari and other one Kalin Tividi have been implicated for the offence punishable under Section 318(4) and 61 of the B.N.S. Act, 2023. 4. Learned counsel for the applicant submits that the present applicant is innocent since he was a salaried employee in the company run by the main accused- Anand Selvakesari, the CEO of the said alleged company. 5. He further submits that the other co- accused-Krishna Yadav was enlarged on bail by this Court on 24.03.2025 passed in BA1 No.268 of 2025. He also submits that though the applicant have no nexus with the offence as alleged in the FIR, however, the amount, which was credited in the account of the present applicant, which was opened on the request of the other co-accused, was remitted to the complainant, and, thereafter, a compounding application was filed in WPCRL No.1327 of 2024. 6. Apart from this, he submits that the 2025:UHC:2513 said reference has been given in the order passed by the Coordinate Bench dated 05.12.2024in WPCRL No.1327 of 2024. 7. On the other side, learned State counsel, has not disputed that the other co-accused-Krishna Yadav has already been enlarged on bail, however, he submits that, as per the prosecution, the main accused are Anand Selvakesari, CEO and Kalin Tividi and they are still absconding and the investigation is still going on. 8. Apart from this, on the basis of written instruction, he submits that the applicant has no previous criminal history. 9. After hearing the arguments, as advanced by learned counsel for the parties and further taking into consideration that a compounding application has been filed in WPCRL No.1327 of 2024 with this contention that the entire amount of Rupees Twelve Lakh has been remitted back to the complainant, and, as he has informed to this Court that the charge-sheet in respect of the present applicant and other co- accused Krishna Yadav have already been filed and as such, there is no need of custodial interrogation of the present applicant, this Court is of the view that the applicant deserves to be enlarged on bail. 10. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 11. Let the applicant, namely, Deepak Yadav, 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 2025:UHC:2513 concerned. 12. It is made clear that after being released on bail the present applicant will cooperate with the Investigating Agency for completing the part investigation against the co-accused Anand Selvakesari, the CEO and Kalin Tividi are still absconding. (Rakesh Thapliyal, J.) 04.04.2025 R.Bisht