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2025 DAILYLAW 7312 (UTT)

DEEP TYAGI v. STATE OF UTTARAKHAND

BA1/930/2025 · 2025-06-17

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 887 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Prabha Naithani, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned Assistant Government Advocate for the State. 3. Present applicant “Nishkarsh Tyagi @ Dhruv Tyagi, son of Shri Neeraj Tyagi,”, is praying for regular bail in relation to First Information Report dated 29.03.2025 bearing FIR No. 0135 of 2025, Police Station – Jwalapur, District – Haridwar, which was lodged against some 6 – 7 unknown persons for the offences punishable under Section 109, 115 (2), 118 (1), 190, 191 (2), 191 (3) of BNS, 2023. 4. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated, which is evident from the fact that the FIR has been lodged against some unknown persons and only a reference of car number is given in the FIR, which does not belong to the applicant and it belongs to other co-accused and no specific allegation has been alleged in the FIR to the present applicant and the injured in his statement clearly stated that he had no connection with the present applicant and there is no gunshot injury and injury was caused by the danda. She further submits that there is no evidence which linked the present applicant with the alleged offence. She further submits that present applicant is languishing in jail since 30.03.2025 and is 20 years old student and there is no motive. 5. On the other side, learned State Counsel has seriously opposed the bail application by submitting that injuries, sustained by the injured, caused by the present applicant and other co-accused, are grievous in nature, as both the hands of the injured were fractured and there are CCTV footages and the present applicant has criminal history of five cases viz. FIR No. 278 of 2024 for the offences punishable under Sections 3, 9 and 25 of the Arms Act, District Meerut, FIR No. 272 of 2023 for the offences punishable under Sections 147, 149, 452, 506 IPC, District Meerut, FIR No. 148 of 2024 for the offences punishable under Sections 147, 148, 149, 307, 323, 336, 452, 427, 504, 506 IPC, District Meerut, FIR No. 86 of 2025 for the offences punishable under Sections 109, 352 BNS, 2023 District Meerut and FIR No. 136 of 2025 for the offences punishable under Section 109 (1) BNS, 2023 and under Section 25 (1-a) (b) of the Arms Act, Police Station Jwalapur, District Haridwar. 6. After hearing the arguments of learned counsel for the parties and further taking into consideration that applicant has previous criminal history of five cases and appears to be habitual offender, this Court is of the view that applicant does not deserves for bail. Accordingly, without expressing any opinion on the merit of the case, the bail application is rejected. (Rakesh Thapliyal, J.) 17.06.2025. SKS