Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3915 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/673/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Rajesh Sharma and Mr. Ghanshyam Joshi, learned counsel for the applicant.
2. Mr. Siddharth Bisht, learned A.G.A. for the State.
3. Present applicant Aavir Shah, s/o Sabir Shah is praying for regular bail in relation to FIR dated 30.11.2024 registered as FIR No. 0501 of 2024 at P.S. Bazpur District Udham Singh Nagar wherein the present applicant along with three others has been implicated for the offences punishable under Sections 103(1), 115(2), 351(3), 3(5) of BNS
2023.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, though, the name of the applicant is disclosed in the FIR but as per the statement of the complainant recorded under Section 161 Cr.P.C. different role has been assigned to the present applicant and the main role has been assigned to Dilshad and Kabli who were having iron rod at the time of the incident by which injury was caused to the victim. He further submits that the applicant has no previous criminal history and in this incident, the applicant, in fact, was standing and the main persons who caused this crime are Dilshad and Kabli.
5. On the other side, Mr. Siddharth Bisht, learned A.G.A. admits this fact that the role assigned to the present applicant is different to the role assigned to the main accused Dilsahd and Kabli with whom iron rod has been shown
2025:UHC:3915 which was used in the crime.
6. After hearing the arguments of the
learned counsel for the parties and further taking into consideration that the main role has been assigned to the other co-accused, namely, Dilshad and Kabil who caused the grievous injury to the victim by iron rod, this Court is of the view that the applicant Aavir Shah deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
8. Let the applicant Aavir Shah be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
14.05.2025 Parul
2025:UHC:3915