Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5576 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/981/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Ajay Joshi, learned counsel holding the brief of Mr. Harshit Sanwal, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. Present applicant Santosh Kumar Gupta, S/o Late Ram Swaroop Gupta, is praying for regular bail in relation to FIR dated 08.01.2025, bearing FIR No. 02 of 2025 registered at P.S. Banbasa District Champawat wherein the present applicant along with his wife has been implicated for the offences punishable under Section 64(1) and 115(2) of B.N.S. 2023.
4. It is submitted by the learned counsel for the applicant that applicant is innocent and has been falsely implicated. He submits that the allegation, as alleged in the FIR, is highly improbable and this appears to be a case of malicious implication with some ulterior purpose and motive. He further submits that false implication is clearly evident from this aspect that after completion of the investigation charge sheet has been filed, only against the applicant by exonerating his wife and charge sheet has been filed without collecting credible evidence. He further submits that since charge sheet has been filed and the applicant is languishing in jail since 08.01.2025 and investigation is completed, there is no need of custodial interrogation of the applicant. He further submits that medical report does not support the case of the prosecution.
5. Learned A.G.A. opposed the bail application by submitting that after collecting all credible evidences, the charge sheet has been filed, however, he has not disputed this fact that wife of the applicant has been exonerated on completion of
2025:UHC:5576 investigation and he further submits that there is no need of custodial interrogation of the applicant.
6. After hearing the arguments of the
learned counsel for the parties and further taking into consideration that charge sheet has already been filed, and, as such, there is no need of custodial interrogation of the applicant, 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 Santosh Kumar Gupta 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.
(Rakesh Thapliyal, J.)
01.07.2025 Parul
2025:UHC:5576