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2025 DAILYLAW 5345 (UTT)

HIMANSHU KUMAR v. STATE OF UTTARAKHAND

BA1/663/2025 · 2025-07-03

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5794 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. 663 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Prabha Naithani, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA for the State. 3. Present applicant–Himanshu S/o Shri Sundar Lal is seeking regular bail in relation to first information report dated 23.02.2025 bearing FIR No.0056 of 2025, Police Station Kankhal, District Haridwar, wherein the present applicant has been implicated for the offences punishable under Sections 318(4), 336(3), 338 and 340(2) of BNS, 2023. 4. It is contended by learned counsel for the applicant that in this case, the present applicant is languishing in jail since 24.02.2025 and on completion of the investigation, the charge-sheet has been filed and as such, there is no need of custodial interrogation of the present applicant. Apart from this, she argued that the applicant and the complainant settled their dispute through their family members and in C528 Application No.884 of 2025, a compounding application has been moved in which the objection has been invited from the State though the complainant filed an affidavit that he does not want to pursue the criminal case against the present applicant. 5. Learned counsel for the applicant further submits that the compounding application is still pending for consideration. She also submits that the applicant has no previous criminal history and this fact has not been denied by the State in their counter- affidavit and now the charge-sheet has been filed and as such, custodial interrogation of 2025:UHC:5794 the applicant is no more required. 6. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the investigation has already been completed and the charge-sheet has already been filed and as such there is no need of custodial interrogation of the present applicant, and, furthermore, the compounding application has been filed with the affidavit of the complainant in C528 Application No.884 of 2025 with the statement of fact that he already settled the dispute with the applicant and does not want to pursue the proceeding, this Court is of the view that there is no any purpose to keep the applicant in custody and as such, the present applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, “Himanshu Kumar,” 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.) 03.07.2025 R.Bisht 2025:UHC:5794