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2025 DAILYLAW 7190 (UTT)

VISHAL v. STATE OF UTTARAKHAND

BA1/914/2025 · 2025-09-24

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:8627 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/914/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. V.S. Chauhan, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. Present applicant Vishal, S/o Sri Rajesh is praying for bail in relation to FIR dated 18.09.2025, bearing FIR No. 383 of 2024, registered at P.S. Ranipur District Haridwar wherein four persons, namely Nikhil Kumar, Saurabh, Anantbeer and Neeraj were implicated for the offences punishable under Sections 178, 179, 180, 182 and 61(2) of the BNS 2023. On completion of investigation, the applicant has been charge sheeted for the offences punishable under Sections 178, 179, 180, 181, 182 and 61(2) of the BNS 2023. 4. It is contended by the learned counsel for the applicant that applicant is innocent and has been falsely implicated which is evident from the fact that applicant is not named in the FIR. He further submits that charge sheet has already been filed on 13.11.2024, and, as such, there is no need of custodial interrogation of the applicant and present applicant is languishing in jail since 19.09.2024. In para 13 of the bail application it is also contended that the applicant has a criminal history of two cases relating to NDPS Act and theft in which he has already been enlarged on bail. He further argued that other-co accused, namely, Nikhil, Saurabh and Neeraj have already been enlarged on bail by this Court. 5. On the other side, Mr. Sharma, learned A.G.A. for the State has not disputed this fact that charge sheet has already been filed and other co-accused 2025:UHC:8627 have already been enlarged on bail and applicant is not named in the FIR and after completion of investigation applicant has been charge sheeted. With regard to the previous criminal cases, the State Counsel has not disputed that the applicant is already bailed out. 6. After hearing the arguments of the learned counsel for the parties and taking into consideration that charge sheet has already been filed and the applicant is languishing in jail since 19.09.2024 and other co-accused have already been enlarged on bail, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant Vishal be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. 9. It is made clear that if the applicant is found to be indulged in any such criminal activity, the prosecution is free to move bail cancellation application forthwith. Further, taking into consideration the past history of the applicant, the applicant is also directed to report to the nearest police station in every 15 days and he will also provide his mobile number and the concerned S.H.O. shall record his presence and the concerned S.H.O. shall also be vigilant about the applicant. (Rakesh Thapliyal, J.) 24.09.2025 Parul 2025:UHC:8627