2025:UHC:8264 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. 1070 of 2025 Hon'ble Rakesh Thapliyal, J. 1. Mrs. Manisha Bhandari and Mr. Rishabh Rangar, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Additional A.G. with and Mr. Deepak Bhardwaj, learned Brief Holder for the State. 3. Mr. R.P.Nautiyal, learned Senior Advocate assisted by Mr. Pradeep Chamyal, learned counsel for the complainant. 3. Present applicant “Ajay Saini, S/o Rampal Singh” is praying for bail in reference to FIR dated 08.02.2025, bearing FIR/Case Crime No. 0071 of 2025, registered at P.S. Patel Nagar District Dehradun which was lodged against unknown persons for the offence punishable under Sections 140(3) of BNS 2023. After completion of investigation the four persons namely Geeta Saini, her husband Himanshu, Geeta’s brother in law Dhanraj and Ajay Saini, Geeta’s brother were charge sheeted for the offences punishable under Sections 103(1), 140(1) (3), 238(A) read with Section 3 (5) of Bhartiya Nyay Sanhita 2023. 4. Learned counsel for the applicant argued that the charge sheet has already been filed and the present applicant is languishing in jail since 19.02.2025 and even as per the prosecution the main accused are Geeta Saini and her husband Himanshu. She further argued that as per the prosecution the dead body of the deceased was removed from the place of the occurrence with the assistance of Ajay Saini and Dhanraj and 2025:UHC:8264 except this for commission of crime no any such active role was assigned to Ajay Saini and Dhanraj. She further argued that the co-accused who has been assigned the same role as of Ajay Saini is already enlarged on bail by the Sessions Court, Dehradun by the order dated 08.04.2025. She further argued that present applicant has no criminal history and since the co-accused who has been assigned the identical role has already enlarged on bail by the Session Court, therefore the applicant be released on bail. 5. On the other side, Mr. G.S. Sandhu, learned Additional Advocate General for the State, have not disputed this fact that the charge sheet has already been filed and the other co-accused to whom the same role was assigned namely Dhanraj was already been granted bail by the Session Court. He has also not disputed this fact that at this juncture when the charge sheet has already been filed, as such, there is no need of custodial interrogation of the applicant and the applicant has no previous criminal history. 6. Mr. R.P.Nautiyal, learned Senior Advocate learned counsel for the complainant also argued that the only role for destruction of the evidence has been assigned to the present applicant and the other co-accused Dhanraj and have not disputed this fact that the other co-accused Dhanraj has already granted bail, however, he submits that main role has been assigned to Geeta Saini and her husband Himanshu and so far as the Geeta Saini is concerned she was granted bail only on the ground of pregnancy and the main accused Himanshu Saini is still in jail. 7. After hearing the arguments of the learned counsel for the parties and further taking into consideration that the 2025:UHC:8264 other co-accused Dhanraj has already granted bail by the Session Court and the same role has been assigned to the present applicant and as per the prosecution only the charge against the present applicant and the co-accused Dhanraj is for destruction of evidence, therefore, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant “Ajay Saini” 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. 10. It is made clear that grant of bail to the present applicant shall not to be treated as a precedent in respect of the main accused Himanshu, who is still in jail. (Rakesh Thapliyal, J.) 16.09.2025 Nahid 2025:UHC:8264