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2025 DAILYLAW 8616 (UTT)

DHARMENDRA v. STATE OF UTTARAKHAND

BA1/1168/2025 · 2025-08-01

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6810 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1168/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. Present applicant Dharmendra, s/o Shri Harshsahay Singh is praying for bail in relation to FIR dated 21.04.2025, bearing FIR No. 109 of 2025, registered at P.S. Transit Camp, District U.S. Nagar wherein the present applicant, his wife Archana and his brother-in-law Himanshu and one unknown person were implicated and charge sheeted for the offences punishable under Sections 109, 351(2), 190, 191(3) of BNS 2023. 4. It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated which is evident from the statement of the complainant recorded under Section 161 Cr.P.C. He further submits that wife of the applicant is also arrested in the said crime and is in jail. 5. Mr. Sekhon, learned counsel for the applicant gives statement at bar that charge sheet has already been filed, and, as such, there is no need of custodial interrogation of the applicant and also submits that the applicant has no previous criminal history. 6. On the other side, Mr. Sandeep Sharma, learned A.G.A. for the State submits that the injured sustained grievous injuries on the most vital part of the body and on his statement he disclosed the name of Uday, Vishal, Vikram, Ramu, Sane-Alam and Diwakar 2025:UHC:6810 who caused injury by sticks and bricks. He submits that on close scrutiny of the statement of the injured, main role has been assigned to the aforesaid persons but no specific role has been assigned to the present applicant. 7. After hearing the arguments of the learned counsel for the parties and further taking into consideration the statement of Mr. Sekhon, learned counsel for the applicant that the charge sheet has been filed and there is no need of custodial interrogation of the applicant, and furthermore, applicant is languishing in jail since 24.04.2025 and has no previous criminal history, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 9. Let the applicant Dharmendra 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.) 01.08.2025 Parul 2025:UHC:6810