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2025 DAILYLAW 6782 (UTT)

SHIVAM GUPTA v. STATE OF UTTARAKHAND

BA1/859/2025 · 2025-05-20

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4161 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/859/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Siddharath Bankoti, learned counsel for the applicant. 2. Mr. V.S. Pal, learned Assistant Government Advocate for the State. 3. Present applicant ‘Shivam Gupta,’ is praying for regular bail in relation to First Information Report dated 24.11.2024 bearing FIR No. 181 of 2024, Police Station – Pant Nagar, District – Nainital, which was lodged against some unknown person for the offence punishable under Section 309 (4) BNS. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case, which is evident from the fact that complainant, who was examined as PW1 on 30.04.2025 stated that applicant was not involved in this crime. He further submits that after investigation, charge – sheet has been filed against the present applicant for the offence punishable under Section – 3 (5), 309 (4), 317 (2) BNS. 5. Apart from this, he submits that since the charge-sheet has already been filed, therefore, there is no need of custodial interrogation and present applicant and further the applicant has no previous criminal history. 6. On the other side, learned State Counsel have not disputed this fact that charge-sheet has already been filed, therefore, there is no need of custodial interrogation and the present applicant has no previous criminal history. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that present applicant has no 2025:UHC:4161 previous criminal history and charge-sheet has already been filed, therefore, there is no need of custodial interrogation, this Court is of the view that applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant ‘‘Shivam Gupta” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 20.05.2025. SKS