Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6374 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.891 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Saurabh Kumar Pandey, Ms. Gulista Bee and Mr. Pritish Arya, learned counsel for the applicants.
2. Mr. Sandeep Sharma, learned AGA for the State.
3. Mr. D.C.S. Rawat, learned counsel for the complainant.
4. Present applicants–Jabir Ali and Shadab S/o Jakir Ali are seeking regular bail in relation to first information report dated 06.02.2025, bearing FIR No. 0048 of 2025, Police Station Bajpur, District Udham Singh Nagar, which was lodged by one Irshad Ali, wherein both the applicants along with six others have been implicated for the offences punishable under Sections 118(1), 191(2), 191(3), 351(2) read with Section 352 of BNS, 2023. Thereafter, on completion of the investigation, the charge- sheet has been filed by adding two more penal provisions i.e. Section 109(1) and 115(2) of the BNS, 2023.
5.
Learned counsel for the applicants submits that the date of the incident is 05.02.2025, in which both the applicants were injured. On the next date, the FIR was lodged on 06.02.2025 at 01:40 pm, in which as many as nine persons including one unknown person were implicated for the offences punishable under Sections 115(2), 191(2), 191(3), 324, 352 of BNS, 2023.
6. He also submits that in this FIR, one Irshaad Ali was also implicated, who subsequently lodged another FIR in reference to the same incident bearing FIR No.48 of 2025 at about 7:14 pm in the evening.
7. Apart from this, learned counsel for the applicant submits that both the FIRs bearing FIR No.47 of 2025 and FIR No.48 of 2025 were investigated by one Investigating Officer, however, in FIR No.48 of 2025, in
2025:UHC:6374 which both the applicants were implicated, the charge-sheet has been filed on 04.05.2025, however, the investigating in respect of the FIR bearing FIR No.47 of 2025 is still going on. He also submits that if the investigation of both the FIRs, which pertains to the same incident was handed over to one Investigating Officer, then the investigation of both the FIRs should be concluded together, but here in this case, in FIR No.48 of 2025, the charge-sheet has been filed, whereas in respect of FIR No.47 of 2025, the investigating still going on.
8.
Learned counsel for the applicants further submits that the charge-sheet has been filed in FIR No.48 of 2025 in a very hurried manner.
9. Apart from this, he submits that since the charge-sheet has already been filed and as such there is no need of custodial interrogation of the present applicants.
10. On the other side, Mr. Sandeep Sharma, learned AGA for the State have not disputed this fact that the charge-sheet has been filed in respect of FIR No.48 of 2025 and as such there is no need of custodial interrogation of the present applicants.
11. Mr. D.C.S. Rawat, learned counsel for the complainant have not disputed this fact, however, he also apprise to this Court that other accused, namely, Faizal, Irshaad, Imran, who were implicated in FIR No.47 of 2025, have already been enlarged on bail by the trial Court.
12. Mr. D.C.S. Rawat, learned counsel for the complainant also pointed out that from their side, one Ashad Ali, Sabdar Ali and Imran Ali have sustained grievous injuries.
13. He further submits that since the Panchayat Election is on way, therefore, some stringent conditions may be imposed to the applicants as well as to the persons who are on bail in relation to FIR No.47 of
2025.
14. After hearing the
arguments as advanced by learned counsel for the parties and further taking into consideration that since the charge-sheet has been filed and there is no need of custodial interrogation of
2025:UHC:6374 both the present applicants, this Court is of the view that the applicant deserves for bail.
15. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.
16. Let the applicant, namely, “Jabir Ali and Shadab,” 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.
17. It is made clear that after being released on bail, all the accused persons of both the FIRs bearing FIR No.47 of 2025 as well as FIR No.48 of 2025 shall report to the nearest police station and the concerned SHO is directed to record their presence, failing which, the concerned SHO shall apprise to this Court by moving an application for cancellation of bail.
(Rakesh Thapliyal, J.) 21.07.2025 R.Bisht
2025:UHC:6374