2025:UHC:2993 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA No. 377 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel holding the brief of Mr. Mani Kumar, learned counsel for the applicant. 2. Mr. Pankaj Joshi and Mr. Sandeep Sharma, learned A.G.A. for the State. 3. The instant anticipatory bail application has moved by the present applicant ‘Ravi Mandal’ S/o Shri Moriram Mandal in respect of the offence punishable under Section 109(1) of BNS, 2023, P.S. Transit Camp, District Udham Singh Nagar, arising out of First Information Report dated 08.08.2024 bearing FIR No. 212 of 2024. 4. It is argued by the learned counsel for the applicant that the applicant was named in the FIR lodged on 08.08.2024 bearing FIR No. 212 of 2024, which was registered for the offence punishable under Sections 115(2), 117(2), 191(2) and 191(3) of BNS, 2023. 5. He submits that during investigation the applicant applied for bail and he was enlarged on bail on 03.12.2024. He submits that thereafter after completion of the investigation the chargesheet was filed and in addition to the panel provisions of 191(2), 191(3), 115(2) and 117(2) of BNS, 2023, one more panel provision was also added i.e. Section 109(1) of BNS, 2023. He submits that though in the earlier panel provision the applicant was already enlarged on bail but by virtue of one added panel provision i.e. 109(1) of BNS, 2023, which was while submitting chargesheet the applicant moved an anticipatory bail application before the learned District and Sessions Judge, Udham Singh Nagar, however, the said anticipatory bail application was rejected by the learned Sessions Judge on 11.03.2025 stating that the injury as caused to the victim are grievious in nature. 6. Learned counsel for the applicant submits that the other co accused have also been enlarged 2025:UHC:2993 on bail by this court on 05.04.2025 also in the added panel provision i.e. 109(1) of BNS, 2023, the copy of which is enclosed at page 25. 7. Now, being aggrieved with the rejection of the anticipatory bail application for the added panel provision of Section 109(1) of BNS 2023 the instant anticipatory bail application has been moved. 8. Learned counsel for the applicant submits that since now the chargesheet has been filed, therefore, there is no need of the custodial interrogation of the present applicant and apart from this, he submits that in the earlier panel provision the applicant was already enlarged on bail on 03.12.2024, but now since the chargesheet has been filed by adding one more panel provision i.e. Section 109(1) of BNS, 2023, therefore, there is no useful purpose of custodial interrogation of the present applicant, therefore, the applicant be granted the anticipatory bail. 9. On the other side, learned A.G.A. oppose the anticipatory bail application by submitting that the injury caused to the victim are grievious in nature however, he has not disputed this fact that there is no need of custodial interrogation since the chargesheet has been filed. 10. Learned A.G.A. also not disputed this fact that the other co-accused has also been enlarged on bail for the added panel provision. 11. After hearing the arguments of learned counsel for the parties and further taking into consideration that the present applicant is already on regular bail in other panel provisions except in the newly added panel provision i.e. Section 109(1) of BNS, 2023 and since the chargesheet has been filed, therefore, there is no need of custodial interrogation and while he was on bail he never misused the same, therefore, this court is of the view that the applicant ‘Ravi Mandal’ deserves for anticipatory bail for the added panel provision of Section 109 (1) of BNS, 2023. 12. Accordingly, without expressing any opinion on the merit of the case anticipatory bail application is allowed. 13. Let the applicant ‘Ravi Mandal’ be released on bail on executing a personal and two reliable 2025:UHC:2993 sureties each of the like amount to the satisfaction of the Investigating Officer/Arresting Officer, subject to the condition that after being released on bail the applicant shall cooperate with the trial. (Rakesh Thapliyal, J.) 24.04.2025 PR