SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 710 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Ms. Suraiya Naaz, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Deepak Bhardwaj, learned Brief Holder for the State. 3. Ms. Pushpa Joshi, learned Sr. Advocate assisted by Mr. Chetna Latwal, learned counsel for the complainant. 4. Present applicant “Sandeep Singh Negi @ Jandeep Singh Negi, son of Dhyan Singh” is seeking regular bail in relation to FIR dated 05.10.2024 bearing FIR No. 0489 of 2024, Police Station – Jaspur, District – Udham Singh Nagar wherein two persons namely Paramjeet Singh @ Dampi and Sarwan Singh Sidhu with one unknown person were implicated for the offences punishable under Section 103 (1), 61 of BNS, 2023. 5. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated which is evident from the fact that applicant is not named in the FIR. 6. Apart from this, he submits that on completion of the investigation, the present applicant was charge sheeted only for the offence punishable under Section 238 of BNS, 2023 and granted bail by the trial court. He further submits that there are in total 33 prosecution witnesses. He further submits that though the applicant was charge sheeted only for the offence punishable under Section 238 of BNS, 2023 but subsequently, the trial Court after perusing the statement of PW2 and PW3, recorded under Section 161 Cr.P.C., summoned the present applicant and framed the charges against the present applicant for the offences punishable under Section 103 read with 3 (5) of BNS, 2023 and applicant was taken into custody on 06.04.2025 and since then, he is in jail. 7. He further submits that as per prosecution, the main assailant is Paramjeet Singh @ Dimpi and present applicant was serving as Chef in the Dhaba of brother of main accused Paramjeet Singh @ Dimpi and he has nothing to do with commission of the offence and this is the reason that the applicant was charge sheeted only for the offence of Section 238 of BNS, 2023. He further submits that trial has already been commenced and uptil date out of the 33 prosecution witnesses only 7 witnesses has been examined, therefore, there is no need of custodial interrogation of the applicant and the applicant has no previous criminal history and as such, deserves for bail. 8. On the other side, Mr. G.S. Sandhu, learned Addl. Advocate General submits that on completion of the investigation, earlier the present applicant was charge sheeted for the offence punishable under Section 238 of BNS, 2023 but the trial court after perusing the statement recorded under Section 161 of PW2 and PW3 framed the charge against the present applicant for the offence punishable under Section 103 read with 3 (5) of BNS, 2023. Mr. Sandhu has not disputed that applicant was earlier enlarged on bail by the trial court when charge sheet was filed against him only for the offence punishable under Section 238 of BNS, 2023 but subsequently, he was again taken into custody for other penal provisions and now, applicant is languishing in jail since 06.04.2025 and blood stained clothes were recovered on the pointing out of the present applicant from the Sidhu Dhabha owned by brother of main accused. 9. Ms. Pushpa Joshi, learned Sr. Advocate for the complainant, in addition to the arguments as advanced by Mr. G.S. Sandhu, submits that main accused is Paramjeet Singh @ Dimpi and recovery of blood stained clothes were made on pointing of the present applicant from the Sidhu Dhabha which is visible in the CCTV footage. 10. After hearing the arguments of learned counsel for the parties and further taking into consideration that the earlier charge sheet was filed against the present applicant for the offence punishable under Section 238 BNS and he was granted bail by the trial court and only thereafter, the trial court after perusing the statement recorded under Section 161, of PW2 and PW3 framed the charges against the present applicant for the offence punishable under Section 103 read with 3 (5) of BNS, 2023, which is the subject matter of trial, and as such, taking into consideration that applicant has no previous criminal history and not named in the FIR and now, trial has been commenced and uptil date out of the 33 prosecution witnesses only 7 witnesses has been examined so far and at this stage and merit aspect of ongoing trial cannot be examined, therefore, this Court is of the view that the applicant deserves for bail. 11. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 12. Let the applicant “Sandeep Singh Negi @ Jandeep Singh Negi, son of Dhyan Singh” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 13. It is made clear that after being released on bail, the applicant shall surrender his passport to the concerned court and applicant shall join the trial proceedings on each and every date without seeking unnecessary adjournment, failing which the trial court is free to take appropriate steps. 14. It is further made clear that granting bail to the present applicant will not be treated as precedent in respect in respect of other accused. (Rakesh Thapliyal, J.) 16.10.2025 SKS