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2025 DAILYLAW 5911 (UTT)

SYYED MOAZZAM ALI v. STATE OF UTTARAKHAND

BA2/93/2025 · 2025-05-13

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3783 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No.93 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Vikas Kumar Guglani, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned Deputy Advocate General along with Mr. V.S. Pal, learned AGA for the State. 3. This is the second bail application. The First Bail Application (BA1 No.378 of 2025) was rejected on 27.03.2025. 4. Present applicant–Syyed Moazzam Ali S/o Syyed Ibne Ali is in judicial custody since 14.10.2024 and seeking bail in relation to FIR dated 09.10.2024 bearing FIR/Case Crime No.193 of 2024, at Police Station Lalkuan, District Nainital, which was lodged for the offences punishable under Section 179, 180 of the BNS, 2023. 4. Learned counsel for the applicant submits that at the time when the bail application was filed, this fact was not brought to the notice of this Court that the charge-sheet has already been filed, and, furthermore, after rejection of the first bail application, the two co-accused, namely, Vijay Kumar Tamta and Ali Mohammad have been enlarged on bail by this Court. 6. Ms. Pushpa Bhatt, learned Dy.A.G have not disputed this fact that the charge-sheet has already been filed, and, therefore, there is no need of custodial interrogation of the present applicant, and, furthermore, two co-accused, namely, Vijay Kumar Tamta and Ali Mohammad have already been enlarged 2025:UHC:3783 on bail and as such, the applicant also deserves for bail on the ground of parity. 7. After hearing the arguments, as advanced by learned counsel for the parties, and further taking into consideration that the charge-sheet has already been filed and there is no need of custodial interrogation of the present applicant, and, furthermore, two other co- accused-Vijay Kumar Tamta and Ali Mohammad have already been granted bail, this Court is of the view that the applicant deserves to be enlarged on bail. 8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 9. Let the applicant, namely, Syyed Moazzam Ali, 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.) 13.05.2025 R.Bisht 2025:UHC:3783