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2025 DAILYLAW 5333 (UTT)

SUBASH PANWAR v. STATE OF UTTARAKHAND

BA1/667/2025 · 2025-05-22

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4315 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. 667 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lokendra Dobhal, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Subash Panwar S/o Shri Budhi Singh Panwar, is seeking bail in relation to first information report dated 07.03.2025 bearing FIR No. 0011 of 2025, Police Station Ghansali, District Tehri Garhwal, wherein the present applicant along with two other persons, namely, Buddhi Singh Panwar and Paramveer Singh were implicated for the offences punishable under Section 109, 333, 64, 62, 118, 238(a) 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 FIR that the applicant and his father along with one relative were implicated, however, during investigation, the father of the applicant- Buddhi Singh Panwar and another relative i.e. Paramveer Singh were exonerated. 5. It is submitted by learned counsel for the applicant that the victim is a married lady having one child and the present applicant is also married and the victim herself refused to go with the internal medical examination. Apart from this, he submits that this is a case of malicious prosecution since a huge amount of Rupees more than 1,50,000/- was paid to the victim by the applicant and when the 2025:UHC:4315 applicant asked for refund, then with malafide intention, the applicant has been implicated. 6. He further submits that in this case the charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the present applicant. 7. On the other side, learned State counsel has not disputed this fact that the charge-sheet has already been filed and as such, there is no need of custodial interrogation of the present applicant. 8. 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 there is no need of custodial interrogation of the present applicant, this Court is of the view that the applicant deserves to be enlarged on bail. 9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 10. Let the applicant, namely, Subash Panwar, 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.) 22.05.2025 R.Bisht 2025:UHC:4315