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2025 DAILYLAW 7415 (UTT)

SEHZAD ALI v. STATE OF UTTARAKHAND

BA1/951/2025 · 2025-06-19

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5121 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. 951 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Pranav Singh, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. Present applicant–Sehzad Ali S/o Shri Naeem is seeking regular bail in relation to first information report dated 05.03.2024 bearing FIR No.0148 of 2024, Police Station Manglore, District Haridwar, wherein the present applicant along with Shubham Tomar, Vijay Kumar and one unknown person have been implicated for the offences punishable under Sections 323, 420, 504 and 506 IPC. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and in respect of same set of allegations, another FIR was also lodged in Chandigarh by the owner of the vehicle in-question, in which the Judicial Magistrate, Ist Chandigarh, has already been granted bail on 12.12.2024, the copy of which is enclosed as Annexure No.4. He also submits that the applicant was earlier implicated in a case relating to the offence punishable under Section 307 of IPC, in which a First Information Report was lodged on 28.02.2024, wherein he was enlarged on bail, pursuant to the order passed by the Hon’ble Apex Court dated 13.05.2025 passed in Special Leave to Appeal (Crl.) No(s). 1410 of 2025, the copy of which is also enclosed as Annexure No.-2. 5. Learned counsel for the applicant further submits that before releasing the applicant in relation to the First Information 2025:UHC:5121 Report lodged on 28.02.2024, pursuant to the order of Hon’ble Apex Court, the applicant was taken on remand on 08.05.2025 in reference to the FIR dated 05.03.2024 and since then he is in jail. 6. It is also submitted by learned counsel for the applicant that since with the same set of allegations, the another FIR was lodged by the owner of the vehicle in Chandigarh, in which the applicant has already been granted bail, therefore, the applicant deserves to be enlarged on bail since the first information report lodged on 05.03.2024 is with the same set of allegation. He further submits that not only this, even the applicant was taken on remand after almost ten months of lodging of the FIR and up till date the investigation has yet not been concluded. 7. On the other side, Mr. Sandeep Sharma, learned AGA, vehemently opposed the bail application by submitting that the applicant is having a criminal history, however, he has not disputed this fact that in relation to the First Information Report dated 28.02.2024, which is in respect of the offence punishable under Section 307 of the IPC, the applicant was enlarged on bail. Apart from this, learned State counsel has not disputed this fact that with the same set of allegations the another FIR was lodged by the owner of the vehicle in Chandigarh in which the applicant was enlarged on bail. Learned State counsel also submits that the investigation is still going on and keeping in view of the criminal record of the present applicant, if the applicant is enlarged on bail, there may be possibility that it will affect the ongoing investigation. He also submits that if the applicant is enlarged on bail, then in such an eventuality, some stringent conditions may also be imposed upon him. 8. After hearing the arguments as advanced by learned counsel for the parties 2025:UHC:5121 and further taking into consideration that with the same set of allegation, another FIR at Chandigarh was lodged, in which the applicant has already been granted bail, and, furthermore, in reference to the offence punishable under Section 307 of IPC the applicant has already been granted bail, this Court is of the view that the applicant deserves for bail but while granting bail, some stringent conditions should be imposed upon the applicant by keeping in view of the past conduct of the applicant 9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 10. Let the applicant, namely, Sehzad, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 11. It is made clear that after being released on bail the applicant shall surrender his passport to the concerned Court and will not make any attempt to influence the investigation and will cooperate with the investigating agency. Apart from this, if the applicant is found to be indulged in any criminal activity in future, then the prosecution is free to move an application for cancellation of bail. The applicant shall report to the concerned nearest police station on the first day of every month and the concerned SHO shall record his presence. (Rakesh Thapliyal, J.) 19.06.2025 R.Bisht 2025:UHC:5121