2025:UHC:5348 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. 1105 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Mr. Harsh Taneja, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present applicant ‘Yam Bahadur Khatri’ S/o Shri Shyam Bahadur Khatri resident of Padampur, District Surkhet, Nepal, is praying for regular bail in relation to First Information Report dated 08.06.2025 bearing FIR No. 17 of 2025 P.S. Dharchula, District Pithoragarh, wherein, the present applicant is implicated for the offences punishable under Section 4/5 of Explosive Substances Act, 1908. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and furthermore without providing the ground of arrest the applicant was taken into custody. He submits that the present applicant was posted at Nepal Border and serving in Nepal Army and this fact he has disclosed at the time of his arrest but since no document was produced the applicant was taken into custody. 5. Apart from this, he submits that since the applicant was the Army Personnel of Nepal Army and the explosive items, which were recovered from him, was infact was in his possession in an official capacity and this fact was disclosed but the arresting officer have not believed on this. 6. Mr. V.S. Pal, learned A.G.A. admits this fact that the applicant is serving in Nepal Army but at the time of arrest he could not produce any such authentic document and subsequently the document has been supplied. 7. Apart from this, Mr. V.S. Pal also apprise to this court that Section 4 of the Explosive Substances Act, 1908 has been deleted during investigation. 8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the present applicant is serving 2025:UHC:5348 in Nepal Army, which he has disclosed at the time of his arrest as admitted by Mr. V.S. Pal, learned A.G.A. on instructions, 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 bail application is allowed. 10. Let the applicant ‘Yam Bahadur Khatri’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 25.06.2025 PR 2025:UHC:5348