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2025 DAILYLAW 5224 (UTT)

JOGINDER v. STATE OF UTTARAKHAND

BA1/643/2025 · 2025-07-11

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6099 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. 643 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. S.R.S. Gill, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned AAG along with Mr. Deepak Bhardwaj and Mr. Himanshu Sain, learned Brief Holder for the State. 3. Ms. Manisha Bhandari, learned counsel for the complainant 4. The present applicant, namely, Joginder S/o Ghasita is praying for regular bail in relation to First Information Report dated 25.09.2024 bearing FIR No.0802 of 2024, Police Station Manglore, District Haridwar, wherein the present applicant along with seven others have been implicated for the offences punishable under Sections 103(1), 109(1), 115(2), 190(2), 193(3), 351(2), 352 and 61(2) of BNS, 2023. 5. Mr. S.R.S. Gill, learned counsel for the applicant submits that the charge-sheet has already been filed on 06.05.2025, and, therefore, there is no need of custodial interrogation of the present applicant. Apart from this, he submits that in respect of the incident, in which the first information report was lodged on 25.09.2024, there is cross FIR bearing FIR No.951 of 2024, in which the applicant and several others were seriously injured including the present applicant. 6. Taking into consideration, the injuries sustained by the present applicant as well as the fact that the applicant was admitted in Emergency ward of AIIMS Rishikesh and a certificate was issued on 27.09.2024 and as per the certificate, he was diagnosed with Right Parietal Compound Depressed Fracture, this Court granted interim bail for a period of 2025:UHC:6099 one month on 06.06.2025. 7. Mr. S.R.S. Gill, learned counsel for the applicant argued that the applicant never misused the interim bail granted by this Court and still under treatment. 8. On the other side, Mrs. Manisha Bhandari, learned counsel for the complainant apprise to this Court that now the applicant is recovered and medically fit, however, Mrs. Manisha Bhandari has not disputed that the charge-sheet has already been filed. 9. Learned counsel for the applicant also submits that there are other cases against the present applicant one pertains to Section 135 of the Electricity Act and other one for the offences punishable under Sections 323, 504 and 506 of IPC and in both the cases, the applicant has already been bailed out. 10. Mr. G.S. Sandhu, learned AAG for the State have also not disputed the fact with regard to the filing of the charge-sheet and also apprise that the investigation of the cross FIR bearing FIR No. 951 of 2024 is still going on. 11. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that earlier the applicant was granted interim bail and is still on interim bail and never misused the same, and, furthermore, the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant, therefore, this Court is of the view that the interim bail, granted to the present applicant vide order dated 06.06.2025, is made absolute. 12. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 13. Interim bail granted by this Court vide order dated 06.06.2025 to the present applicant, Joginder, is made absolute. 2025:UHC:6099 14. It is made clear that, if the applicant misuses the bail and will not cooperate with the trial, the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 11.07.2025 R.Bisht