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2025 DAILYLAW 5343 (UTT)

VISHAL TIWARI v. STATE OF UTTARAKHAND

BA1/669/2025 · 2025-06-11

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4840 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/669/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Ms. Shreya Yadav, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Vishal Tiwari, son of Shri Ramesh Tiwari is seeking regular bail in relation to FIR dated 31.01.2025 bearing FIR No. 0047 of 2025, registered at Police Station – Nehru Colony, District – Dehradun wherein the applicant has been implicated for the offences punishable under Section 308 (5), 351 (2), 352, 3 (5) of BNS, 2023 and under Section 67-D of the IT Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and not named in the FIR. In the FIR, four mobile phones were mentioned, which does not belong to the present applicant. He further submits that without collecting credible evidence, applicant has been arrested and no money was credited in his account. He further submits that only on the statement of co- accused Sachin, applicant has been implicated. Learned counsel for the applicant submits that for the same, case crime no. 47 of 2025, one FIR has been registered in Ranchi. 5. Apart from this, he submits that charge-sheet has been filed, therefore, there is no need of custodial interrogation of the applicant and furthermore, the applicant have no previous criminal history. 6. On the other side, learned State Counsel has not disputed this fact that charge-sheet has been filed, therefore, there is no need of custodial interrogation of the applicant and he has no previous criminal history. 7. Learned State Counsel has placed before this Court account statement of co-accused Sachin. On perusal of the account statement it reveals that money was transferred in the account of co-accused Sachin on 06.01.2025 and not in the account of present applicant. 8. After hearing learned counsel for the parties and further taking into consideration that there is no such document which reveals that amount has been credited in the account of present applicant and since, charge-sheet has been filed, therefore, there is no need 2025:UHC:4840 of custodial interrogation, this Court is of the view that the applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed. 9. Let the applicant “Vishal Tiwari” be released on bail, on furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 11.06.2025. SKS