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2025 DAILYLAW 5053 (UTT)

AMIT YADAV v. STATE OF UTTARAKHAND

BA1/641/2024 · 2025-02-18

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 JUDGES’S ORDERS BA1 No.641 of 2024 Hon’ble Rakesh Thapliyal, J. 1. Mr. R.P. Nautiyal, learned Senior counsel, assisted by Mr. Himanshu Joshi, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Amit Yadav is seeking bail in relation to Case Crime No.08 of 2022 arising out of FIR dated 17.01.2022, Police Station – Clement Town, District – Dehradun, wherein the present applicant has been implicated for the offences punishable under Section 395, 397, 448, 447, 452, 427, 412, 323, 506, 34, 420, 467, 468 and 471 IPC. 4. Learned counsel for the applicant submits that the investigation has already been completed and the charge-sheet has been filed; and one another co-accused, namely, Saurav Kumar @ Saurabh Kapoor has already been enlarged on bail vide order dated 16.12.2024. 5. Learned counsel for the applicant also submits that on the basis of this FIR, the applicant has also been implicated under the Gangster Act and the other co- accused, namely, Saurav Kumar @ Saurabh Kapoor was shown as a gang leader. Apart from this, learned counsel for the applicant submits that, in fact, as per the prosecution case, Saurav Kumar @ Saurabh Kapoor is the main accused, who has already been enlarged on bail. 6. Mr. R.P. Nautiyal, learned Senior counsel, also submits that in the said crime, the present applicant is in jail since 20.05.2022. 7. Mr. V.S. Pal, learned AGA also fairly submits that the other co-accused, who in fact as per the prosecution case, is the main accused has already been bailed out by this Court vide order dated 16.12.2024 by putting some stringent conditions. 8. Apart from this, in respect of this applicant, Mr. V.S. Pal, learned AGA submits that only on the basis of the present case, the applicant has been implicated under Gangster Act and except that, there is no other case against the applicant. 9. Mr. V.S. Pal, learned AGA for the State has not disputed this fact that the charge-sheet has already been filed. 10. After hearing learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and the applicant is in jail since last more than 30 months and the other co-accused, namely, Saurav Kumar @ Saurav Kapoor has already been enlarged on bail and as per the submission as advanced by Mr. V.S. Pal, the State counsel, Mr. Saurav Kapoor is the main accused, who has already been enlarged on bail, this Court is of the view that the applicant also deserves for bail. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed subject to the following: i. Applicant – Amit Yadav shall be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned. ii. He shall surrender his passport, if any, before the trial court within three days after being released on bail. iii. He is prohibited and restrained from entering in the office of Sub Registrar, Dehradun. iv. He will not make any attempt to contact with the witnesses by any means and will not give any threat to the complainant or his family members. v. He will cooperate with the trial and will not seek any unnecessary adjournment. vi. He will not indulge in any such similar activity as in the present case, in future. If applicant violates any of the conditions imposed by this Court, prosecution as well as complainant are at liberty to move bail cancellation application. (Rakesh Thapliyal, J.) 18.02.2025 R.Bisht `