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2025 DAILYLAW 6390 (UTT)

SANDEEP SINGH v. STATE OF UTTARAKHAND

BA1/813/2025 · 2025-07-30

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6677 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. 813 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mehboob Rahi, learned counsel for the applicants. 2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicants–Sandeep Singh and Bobby Singh S/o Kuldeep Singh are seeking regular bail in relation to first information report dated 18.01.2025 bearing FIR No.0037 of 2025, Police Station Kashipur, District Udham Singh Nagar, wherein the present applicants have been charge-sheeted for the offences punishable under Sections 109(1), 117, 324(4), 351(2), 352, 190 and 191(3) of BNS, 2023. 4. It is contended by learned counsel for the applicants that both the applicants are innocent and have been falsely implicated and both of them are not named in the FIR. Apart from this, he submits that the person, who is named in the FIR, is the main assailant i.e. Mangat Singh, who has been enlarged on interim bail by the coordinate Bench in Anticipatory Bail Application No.140 of 2025 by giving parity of two other co- accused persons, namely, Harjender Singh and Kuldeep Singh, who have been granted interim bail in Anticipatory Bail Application No.186 of 2025 and the present applicants claim parity in bail by submitting that other three co-accused have been granted interim bail. 5. I have gone through with both the orders granting interim bail to other three co- accused in their Anticipatory Bail Application, namely, Mangat Singh, Harjender Singh and Kuldeep Singh, however, in all these interim 2025:UHC:6677 bail granted to the other three co-accused, there is no reference of the injury caused to the injured. 6. The Injury Report is placed on record by the prosecution in the counter-affidavit. On perusal of which, it reveals that injury No.1, 2 and 3 caused by hard and rough object or surface and advised for NCCT-Head, 3D CT face and refer to Neurology Department for expert opinion. On perusal of this injury report, it reveals that the injured sustained injuries in the most vital part of the body i.e. Brain (Parietal Region), which is danger to the life of the victim/injured. 7. Learned counsel for the applicant submits that as per the prosecution, the main assailant is Mangat Singh, who has been granted interim bail and the applicants are not named in the FIR, however, their names have been disclosed subsequently by the injured in his statement. 8. Learned counsel for the applicants also submits that the charge-sheet has already been filed and both the applicants are the real brothers having no previous criminal antecedents and they be enlarged on bail. 9. On the other side, Mr. Siddhartha Bisht, learned AGA for the State submits that as per the prosecution, Mangat Singh, Harender Singh and Kuldeep Singh are, in fact, the main assailants, who caused injury to the injured in most vital part of the body i.e. parietal region of the Head by hard and rough object, which appears to be danger to the life. 10. He also submits that the Coordinate Bench granted interim bail in anticipatory bail applications by inviting objections, however, he is not aware about the fact whether the interim bail was made absolute or not to the three co-accused persons. 11. Be that as it may, admittedly, both the applicants are the real brothers and are not 2025:UHC:6677 named in the FIR and their names were disclosed during the investigation by the injured and both of them having no criminal history and are languishing in jail since 18.02.2025, this Court is of the view that the applicants deserve for bail. 12. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 13. Let the applicants, namely, Sandeep Singh and Bobby, be released on bail, on their executing a personal bond and furnishing two reliable sureties, each in the like amount by each of them, to the satisfaction of the court concerned. 14. It is made clear that grant of bail to the present applicants shall not be treated as a precedent in respect of the other three co-accused who have been granted only interim bail in anticipatory bail application by the Coordinate Bench. (Rakesh Thapliyal, J.) 30.07.2025 R.Bisht 2025:UHC:6677