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2025 DAILYLAW 5225 (UTT)

SANDEEP GUPTA v. STATE OF UTTARAKHAND

BA1/653/2025 · 2025-05-20

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4185 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. 653 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Sandeep Gupta S/o Shri Late Krishan Kumar Gupta is in judicial custody since 11.01.2025 and seeking bail in relation to FIR/Case Crime No.0010 of 2025, registered on the basis of FIR dated 06.01.2025 at Police Station Rudrapur, District Udham Singh Nagar, wherein the present applicant along with two other persons, namely, Raju and Johnny have been implicated for the offences punishable under Section 125(a) and 125(b) of BNS, 2023. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated, which is evident from the fact that complainant himself disclosed in his statement recorded under Section 161 Cr.P.C, that the deceased was died due to the injury caused by Rohit through brick hit. He also submits that though the applicant was present there but he has no role on commission of this crime. Apart from this, he submits that the applicant has no previous criminal history and in this particular case, the charge-sheet has already been filed for the offences punishable under Section 125(a), 125(b), 3(5) and 105 of BNS 2023, therefore, there is no need of custodial interrogation of the present applicant. 2025:UHC:4185 5. On the other side, learned State counsel has not disputed this fact that the charge-sheet has already been filed and therefore there is no need of the custodial interrogation of the present applicant. 6. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and the main role has been assigned to the other co-accused Rohit and there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant has no previous criminal history, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Sandeep Gupta, 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 concerned. (Rakesh Thapliyal, J.) 20.05.2025 R.Bisht 2025:UHC:4185