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2025 DAILYLAW 5332 (UTT)

VIRENDRA SINGH PARIHAR v. STATE OF UTTARAKHAND

BA1/650/2025 · 2025-05-22

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4309 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/650/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma, learned counsel for the applicant. 2. Mr. V.S. Pal, learned Assistant Government Advocate and Mr. Chitrarath Kandpal, learned Brief Holder for the State. 3. Present applicant ‘Virendra Singh Parihar’ is praying for regular bail in relation to First Information Report dated 30.07.2024 bearing FIR No. 0251 of 2024, Police Station – Khatima, District – Udham Singh Nagar wherein present applicant has been implicated for the offence punishable under Section 103 (1) BNS and under Section 25 (1-B) of the Arms Act. 4. Learned counsel for the applicant submits that present applicant has been implicated only on the basis of last seen evidence and is languishing in jail since 31.07.2024. He further submits that empty cartridge of Tamancha were shown to be recovered on the pointing out of the applicant and same was sent for FSL report, however, without FSL and ballistic report, charge sheet has been filed in a hurried manner on 22.10.2024 only to deprive the applicant from default bail, which is his statutory and fundamental right. He further submits that except the last seen evidence, there is no direct evidence, however, incomplete charge-sheet has been filed in absence of FSL report and trial has been commenced and applicant has no previous criminal history. 5. On the other side, learned State Counsel have not disputed this fact that charge sheet has already been filed and trial has already 2025:UHC:4309 been commenced and applicant has no previous criminal history. 6. After hearing the arguments of learned counsel for the parties and further taking into consideration that charge sheet has already been filed and trial has been commenced and applicant has no criminal history, this Court is of the view that applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant ‘‘Virendra Singh Parihar” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 22.05.2025. SKS