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2025 DAILYLAW 5226 (UTT)

PARVESH KUMAR ALIAS PAPPU v. STATE OF UTTARAKHAND

BA1/634/2025 · 2025-05-07

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3582 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. 634 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohd. Safdar, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Parvesh Kumar @ Pappu’ S/o Chatru Singh is praying for regular bail in relation to First Information Report dated 16.02.2025 bearing FIR No. 58 of 2025, P.S. Kotwali Roorkee, District Haridwar, wherein, the present applicant along with one Sahran have been implicated for the offences punishable under Sections 303(2) and 317(2) of BNS 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and furthermore the chargesheet has been filed, therefore, there is no need of custodial interrogation of the present applicant. 5. Apart from this, he submits that the offence as alleged are triable by the Magistrate and the maximum punishment is three years. 6. On the other side, learned Brief Holder Mr. Himanshu Sain oppose the bail application and submits that the applicant is a habitual offender and he has a criminal history in this State as well as in the State of U.P., the details of which is enclosed as Annexure 8 to the counter affidavit. 7. On perusal of Annexure-8, it reveals that the applicant is also accused under the Gangster Act as well as under the Arms Act and there are two cases relating to Section 420 of IPC and not only this there are two cases relating to the offence punishable under Section 303(2) and 317(2) of BNS 2023. 8. On perusal of Annexure-8 it also reveals that in the year 2022 there is a case of P.S. Selakui relating to the offence punishable under Sections 379 r/w 411 IPC and there are different criminal cases in almost all of the district of this State i.e. Champawat, Pauri Garhwal, Ambala and Bijnor. 2025:UHC:3582 9. After taking into consideration the long criminal history of the present applicant, this court is of the view that the applicant does not deserve for bail. 10. Accordingly, the bail application is rejected. 11. Since, in this case the chargesheet has been filed, therefore, the Trial Court is directed to proceed with the trial and conclude the same as early as possible. (Rakesh Thapliyal, J.) 07.05.2025 PR 2025:UHC:3582