Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5674 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1072/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned Assistant Government Advocate for the State. 3. Present applicant “Sanjeev Kumar Tyagi, son of Shri Sharad Chand”, is praying for regular bail in relation to First Information Report dated 18.10.2024 bearing FIR No. 0337 of 2024, Police Station – Kankhal, District – Haridwar which was lodged against five persons namely Yogi Ramgopal Nath @ Ramgopal Singh, Ashok Kumar, Saurav, Lalit and Pradeep for the offences punishable under Sections 302, 201 read with Section 120B of IPC. The FIR was lodged on a complaint of missing person but in the chik FIR, five persons were implicated namely Yogi Ramgopal Nath @ Ramgopal Singh, Ashok Kumar, Saurav, Lalit and Pradeep for the offences punishable under Sections 302, 201 read with Section 120B of IPC. 4. It is contended by the learned counsel for the applicant that the applicant was neither named in the contents of FIR nor in the chik FIR. He further submits that on completion of the investigation, so far as present applicant is concerned, charge sheet has been filed against him only for the offence punishable under Section 420, 467, 468, 471, 120-B for the charge of forging the WILL of the deceased. He further submits that applicant is languishing in jail since 19.10.2024 and has no previous criminal history and since charge sheet has already been filed, therefore, there is no need of custodial interrogation. 5. On the other hand, learned AGA submits that after receiving the written complaint by Rudranand, the Investigating Officer immediately rushed to the Ashram and interrogated one Ramgopal and thereafter, FIR was registered on 18.10.2024 at 23.35 hours and subsequent thereto three persons namely Ashok Kumar, Lalit and Sanjeev Kumar Tyagi were arrested. He further submits that so far as the role of the present applicant Sanjeev Kumar Tyagi is concerned, he was involved in the crime for forging of WILL of the deceased. He pointed out that WILL was recovered from Ashok Kumar, who was the main
2025:UHC:5674 beneficiary of the WILL. He further submits that two other co-accused Saurav and Pradeep are still absconding. 6. Investigating Officer - Mr.
Manoj Nautiyal also joined the proceedings through V.C. and apprise that since two co-accused are absconding, therefore, charge sheet has been filed against rest of the accused. He further apprised to this Court that part pending investigation against the two accused, who are absconding, is still going and now, the investigation has been handed over to another I.O. Mr. Chandra Mohan Singh. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that charge sheet has already been filed against the present applicant, therefore, there is no need of custodial interrogation of the applicant and as per prosecution itself, the role of the present applicant is confined to preparing of the forged WILL of the deceased, which was recovered from Ashok and furthermore, the applicant has no previous criminal history, this Court is of the view that 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 ‘‘Sanjeev Kumar Tyagi, son of Shri Sharad Chand”, be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 10. It is made clear that after being released on bail, the applicant will make any attempt to not influence the part pending investigation, which is going on against other two co-accused, who are still absconding. Furthermore, grant of bail to present applicant will not be treated as a precedent to the other co-accused. (Rakesh Thapliyal, J.)
03.07.2025. SKS
2025:UHC:5674