Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7172 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/974/2025 Hon'ble Rakesh Thapliyal, J.
1. Mr. Rajveer Singh and Mr. Ramesh Chand Saini, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. Mr. Gaurav Singh, learned counsel for the complainant.
4. Present applicant Sanjay Saini, S/o Balvir is praying for bail in relation to FIR dated 20.02.2025, bearing FIR No. 0160 of 2025, registered at P.S. Manglaur District Haridwar which was lodged against unknown person for the offence punishable under Section 103(1) of BNS
2023. In this FIR, on completion of investigation charge sheet has been filed against five persons including present applicant for the offences punishable under Section 103(1), 61(2), 3(5) of BNS 2023.
5. It is argued by the learned counsel for the applicant that applicant is innocent and is languishing in jail since 22.02.2025 and has been falsely implicated which is evident from the fact that deceased in the present FIR No. 0160 of 2025m in which the present applicant has been implicated, was an accused in relation to FIR No. 0549 of 2024 lodged at P.S. Manglaur District Haridwar on 29.06.2024 for the offence punishable under Section 302 IPC. He further submits that this FIR was lodged by the applicant because son of the applicant was murdered by Ankit Chaudhary (deceased) who was subsequently charge sheeted. He also submits that the Ankit Chaudhary (deceased in present case) was having
2025:UHC:7172 criminal antecedents.
6.
Learned counsel for the applicant submits that so far as the present case is concerned admittedly the applicant is not named in the FIR and he was implicated and arrested on the disclosure of his name by the other co-accused Rohit@ Baju @ Krishna and except this there is no other evidence. He submits that the applicant has no criminal antecedent. He further submits that merely on the ground that the applicant lodged the FIR against the deceased, prosecution implicated the present applicant.
7. On the other side, Mr. Sain, learned Brief Holder for the State has not disputed this fact that deceased Ankit Chaudhary was , in fact, was an accused in the FIR dated 29.06.2024, which was lodged by the present applicant for murder of his son. He further submits that after collecting all credible evidence charge sheet has been filed, however, he has not disputed this fact that the applicant has no previous criminal history and furthermore specific role, as per the prosecution, is assigned to other co-accused and there is no direct evidence against the present applicant.
8. Mr. Gaurav Singh, learned counsel for the complainant also not disputed this fact that charge sheet has already been filed.
9. After hearing the arguments of the
learned counsel for the parties and further taking into consideration that the charge sheet has already been filed and applicant is languishing in jail since 22.02.2025 and he has no previous criminal history this Court is of the view that the applicant deserves for bail.
10. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
11. Let the applicant Sanjay Saini be released on bail on his executing a
2025:UHC:7172 personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
13.08.2025 Parul