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2025 DAILYLAW 7013 (UTT)

SANTOSH DUGTAL v. STATE OF UTTARAKHAND

BA1/893/2025 · 2025-05-23

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4359 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. 893 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Chandramauli Shah, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. The present applicant ‘Santosh Dugtal’ is praying for regular bail in relation to First Information Report dated 22.03.2023 bearing FIR No. 08 of 2023 P.S. Dharchula, District Pithoragarh, wherein, the present applicant has been implicated for the offence punishable under Section 420 of IPC. 4. Learned counsel for the applicant submits that as per the FIR the alleged transaction is of the year 2019 and the applicant assured to the complainant for execution of the sale deed. He submits that the allegation alleged appears to be civil in nature and lodging of this FIR is nothing but appears to be a grave abuse of malicious prosecution. 5. On the other side, learned A.G.A. submits that prima-facie from the allegation alleged in the FIR the ingredients for constituting the offence punishable under Section 420 is made out. 6. After gone through with the FIR, this court is of the view that the allegation as alleged is appears to be purely civil in nature and furthermore the transaction is of the year 2019 and if the complainant is having any grievance he has a remedy to avail a civil remedy, which he has not chooses and now lodged the FIR, this prima-facie appears to be glaring example of abuse of law. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration the allegation as alleged in the FIR, this court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 2025:UHC:4359 9. Let the applicant ‘Santosh Dugtal’ 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.) 23.05.2025 PR