Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 6344 (UTT)

SACHIN JAISWAL v. STATE OF UTTARAKHAND

BA1/812/2025 · 2025-07-22

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:6442 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. 812 of 2025 BA1 No. 847 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Pandey, learned counsel for the applicant. 2. Mrs. Reema Rana, learned counsel for the applicant in the connected bail application. 3. Mr. Siddhartha Bisht, learned A.GA. with Mr. Himanshu Sain, learned Brief Holder for the State. 4. These two bail applications have been moved by the two applicants namely ‘Sachin Jaiswal’ S/o Ajay Prakash and ‘Sonu Kashyap’ S/o Jhabbu Lal Kashyap, who are praying for bail in reference to First Information Report dated 21.04.2025 bearing FIR No. 118 of 2025 P.S. Haldwani, District Nainital. 5. Both the applicants were implicated for the offences punishable under Sections 271, 336, 338, 340 of BNS, 2023 r/w Section 60(1), 60(2) and Section 72 of Excise Act. 6. It is submitted by the learned counsel for the applicants Mr. Saurabh Pandey and Mrs. Reema Rana that the applicants are innocent and have been falsely implicated and on completion of the investigation the charge-sheet has been filed and as such their custodial interrogation are not required. 7. Apart from this, both the counsels submit that both the applicants have no previous criminal history and all the offences are triable by Magistrate and both of them are languishing in jail since 21.04.2025. 8. On the other side, learned A.G.A. Mr. Siddhartha Bisht have not disputed this fact that the charge-sheet has already been filed and as such their custodial interrogation are not required and both the applicants are languishing in jail since 21.04.2025 and have no criminal antecedents. 9. After hearing the arguments of learned counsel for the parties and further taking into 2025:UHC:6442 consideration that the charge-sheet has already been filed and as such there is no need of the custodial interrogation of both the applicants and furthermore both the applicants have no criminal antecedents and all the offences are triable by Magistrate, this court is of the view that the applicants deserve for bail. 10. Accordingly, without expressing any opinion on the merit of the case both the bail applications are allowed. 11. Let both the applicants ‘Sachin Jaiswal’ and ‘Sonu Kashyap’ be released on bail on furnishing their personal bond and two sureties each of the like amount by each of them to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 22.07.2025 PR 2025:UHC:6442