2025:UHC:5690 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/645/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Ms. Anmol Sandhu, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned Assistant Government Advocate for the State. 3. Present applicant “Ajay, son of Shri Pappu Bharti”, is praying for regular bail in relation to First Information Report dated 04.11.2024 bearing FIR No. 0194 of 2024, Police Station – Nanakmatta, District – Udham Singh Nagar which was lodged against unknown persons. During investigation, applicant was arrested on suspicion on 09.11.2024, thereafter, applicant along with one another person namely Vijay Pal both were charge sheeted for the offences punishable under Section 103 (1), 238, 3 (5) of BNS, 2023. 4. It is contended by the learned counsel for the applicant that there is no direct evidence against the applicant and only on the basis of statement made of one Ms. Surendra Kaur and his father Bhagwan Singh, applicant and other co- accused have been charge sheeted. 5. Learned counsel for the applicant further submits that the statement of Ms. Surendra Kaur and his father Bhagwan Singh was hearsay since someone else inform about involvement of present applicant and co accused in the commission of crime but the person, who disclose this to them was neither inquired nor identified. 6. Learned counsel for the applicant further submits that charge sheet has already filed though without FSL report and since as per prosecution, investigation has been concluded and the charge sheet has been filed, therefore, there is no need of custodial interrogation. 7. Apart from this, learned counsel for the applicant further submits that applicant has no criminal history and is languishing in jail since 09.11.2024. 8. On the other side, learned AGA for the State 2025:UHC:5690 fairly submits that there is no evidence with regard to the fact that who was the person, who disclosed the name of the applicant to Ms. Surendra Kaur and his father Mr. Bhagwan Singh even this part was not at all investigated. 9. Be that as it may, admittedly, charge sheet has been filed, therefore, there is no need of custodial interrogation and applicant is languishing in jail since 09.11.2024 and furthermore, he has no previous history, therefore, this Court is of the view that the applicant deserves for bail. 10. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 11. Let the applicant ‘‘Ajay, son of Shri Pappu Bharti”, be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 12. It is made clear that after being released on bail, the applicant shall attend trial court proceeding on each and every date fixed before the trial court and will not take any unnecessary adjournment. If applicant fails to comply with the aforesaid condition, the trial court is free to take action against the applicant as per law. It is further made clear that the trial court may proceed with the trial without being influenced with the observations as made above on its own merit. (Rakesh Thapliyal, J.) 03.07.2025. SKS 2025:UHC:5690