Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1209/2025 Hon'ble Rakesh Thapliyal, J.
1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned A.G.A. for the State..
3. Present applicant Sanju Gangwar, S/o Sarvesh Gangwar is praying for bail in relation to FIR dated 21.04.2025, bearing FIR No. 0121 of 2025, registered at P.S. Kiccha District U.S. Nagar wherein one Vishnu Rastogi was implicated for the offences punishable under Sections 103(1), 238 read with Section 309(6) of BNS 2023 and in which on completion of investigation the applicant has been charge sheeted for the offences punishable under Sections 3(5), 238, 309(6) and 317(2) of BNS 2023
4. It is submitted by the learned counsel for the applicant that applicant is innocent and, in fact, in respect of the commission of alleged murder he has no role which is evident from the fact that applicant is not named in the FIR, however, on the basis of CDR and the location of the applicant, the applicant was arrested with the charge of removing dead body of the deceased from the place of occurrence. He submits that in fact the applicant’s father in law Vishnu Rastogi is the main accused and the only role which has been assigned to the applicant by the prosecution is to destroy the evidence and that is the reason on completion of investigation the applicant has been charge sheeted only for the offences punishable under Sections 3(5), 238, 309(6) and 317(2) of BNS 2023. He also submits that charge sheet has already been filed and applicant is languishing in jail since 23.04.2025, as such, there is no need of custodial interrogation of the
applicant and the applicant be enlarged on bail.
5. On the other side, Mr. Joshi, learned A.G.A. for the State has not disputed that charge sheet has already been filed and the main role is assigned to Vishnu Rastogi and the charges against the present applicant is only to destroy the evidence.
6. After hearing the arguments of the
learned counsel for the parties and further taking into consideration that the charge sheet has already been filed and applicant is charge sheeted only for the offences punishable under Sections 3(5), 238, 309(6) and 317(2) of BNS, therefore, 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 “Sanju Gangwar” 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.
9. It is made clear that grant of bail to the present applicant will not be treated as a precedent in respect of other co- accused.
(Rakesh Thapliyal, J.)
13.08.2025 Parul