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2025 DAILYLAW 5884 (UTT)

JUVAIR ANSARI v. STATE OF UTTARAKHAND

BA1/741/2025 · 2025-04-30

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3293 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. 741 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Juvair Ansari, is seeking bail in relation to first information report dated 09.02.2025 bearing FIR No. 0042 of 2025, Police Station Nanakmata, District Udham Singh Nagar, which was lodged against some unknown persons for the offence punishable under Section 309(4) of the BNS Act, 2023. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and there is delay of one day in lodging the FIR and the alleged recovered articles from the possession of the applicant did not match with the articles alleged to have been looted. 5. Learned counsel for the applicant further submits that there is no independent witness of the recovery and during investigation, some more penal provisions have been added i.e. 109, 310(2), 317(3), 111, 61(2) of B.N.S Act, 2023 and Section 3/25 of the Arms Act. 6. Apart from this, learned counsel for the applicant submits that the applicant is languishing in jail since 20.02.2025, however, there is no reference of past criminal history of the present applicant. 2025:UHC:3293 7. On the other side, Mr. Siddhartha Bisht, learned AGA, on written instruction, vehemently opposed the bail application by submitting that the articles were recovered from the present applicant and not only this, the victim/complainant identified the applicant on the basis of the CCTV footages. 8. After hearing the arguments as advanced by learned counsel for the parties, and further taking into consideration the seriousness of the allegations, and, furthermore, the recovery as made from the present applicant, this Court is of the view that the applicant is not entitled for bail. 9. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 30.04.2025 R.Bisht 2025:UHC:3293