Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4843 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. 766 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Parikshit Saini, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant–Vivek Rawat S/o Shri Vijay Singh Rawat, is seeking regular bail in relation to first information report dated 13.12.2024 bearing FIR No. 0781 of 2024, Police Station Patel Nagar, District Dehradun, wherein the present applicant and one Ishwinder Shergil alias Sunny have been implicated for the offences punishable under Sections 318(4), 336(3), 338, 340(1), 61(2) of BNS, 2023 read with Section 66(C) and 66(D) of the IT Act.
4.
Learned counsel for the applicant submits that the applicant was arrested in the said crime on 12.12.2024 though he is innocent and has been falsely implicated.
5. He submit that from the contents of the FIR itself, in which after thorough investigation, the charge-sheet has been filed, no offences cognizable under Sections 318(4), 336(3), 338 of BNS, 2023 are made out since neither in the FIR, nor in the charge-sheet, there is disclosure of any of the victim. It is submitted that even in the charge-sheet, there is reference of 17 prosecution witnesses, but there is no any reference of any victim.
6. He further submits that the charge- sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant has no previous criminal history.
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7. On the other side, Mr. Himanshu Sain, learned Brief Holder for the State has not disputed this fact that after through investigation, the charge-sheet has been filed, and as such, there is no need of custodial interrogation of the present applicant and having no previous criminal history.
8. 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 as such, there is no need of custodial interrogation of the present applicant, this Court is of the view that the applicant deserves for bail.
9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.
10. Let the applicant, namely, Vivek Rawat, 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.) 11.06.2025 R.Bisht
2025:UHC:4843