Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5482 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. 950 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Ms. Pushpa Joshi, learned Senior counsel, assisted by Ms. Chetna Latwal,
learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned AGA for the State.
3. Present applicant–Dilshad S/o Shri Rafik is seeking regular bail in relation to first information report dated 30.11.2024 bearing FIR No.0501 of 2024, Police Station Bajpur, District Udham Singh Nagar, wherein the present applicant along with three persons were implicated for the offences punishable under Sections 109(1), 115(2), 332(a) and 351(3) of BNS, 2023. After completion of the investigation, the charge-sheet has been filed for the offences punishable under Sections 3(5), 103(1), 115(2) and 351(3) of BNS, 2023
4. It is submitted by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated and as per the version of the FIR, all the accused persons inflicted injuries upon the victim, who was subsequently died on 01.12.2024 but as per the first medical report as well as the second medical report, there is only one head injury on the part of the body of the victim.
5. It is further argued by learned Senior counsel for the applicant that family of both applicant and deceased are residing in the same locality and their houses are adjacent to each other and there was a minor dispute in between both the families and there was no such any common intention and motive and this may be a case of sudden provocation.
6. Apart from this, Mrs Pushpa Joshi, submits that the present applicant is
2025:UHC:5482 languishing in jail since 01.12.2024 and the charge-sheet has already been filed on 17.02.2024, therefore, at this stage, there is no need of custodial interrogation of the present applicant, and, furthermore, the present applicant has no previous criminal history and as such deserves for bail.
7. On the other side, learned AGA for the State has not disputed this fact that the charge-sheet has already been filed and as such there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant has no previous criminal history.
8. After hearing the
arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and as such there is no need of further custodial interrogation of the present applicant, and, furthermore, the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail.
9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.
10. Let the applicant, namely, Dilshad, 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.
(Rakesh Thapliyal, J.) 27.06.2025 R.Bisht
2025:UHC:5482