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2025 DAILYLAW 9145 (UTT)

KABLI v. STATE OF UTTARAKHAND

BA1/1250/2025 · 2025-08-12

Rakesh Thapliyal

body2025

Judgment text

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 NO.1250 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Zakir Ali and Mr. Mohd Umar, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned AGA for the State. 3. Present applicant–Kabli S/o Mubarak Ali is seeking regular bail in relation to first information report dated 30.11.2024 bearing FIR No.0501 of 2024, Police Station Bajpur, District Udham Singh Nagar, wherein the present applicant along with one Dilshaad, Sahana and Aavir have been implicated for the offences punishable under Sections 109(1), 115(2), 332(a) and 351(3) of the BNS, 2023. 4. It is contended by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated. 5. He further submits that there was no any such intentional motive and the dispute was only with regard to boundary wall in between the house of the applicant and the deceased and their families are residing in the same locality and their houses are adjacent to each other. 6. He also submits that the charge-sheet has already been filed and on completion of the investigation, the applicant was charge- sheeted for the offences punishable under Sections 3(5), 103(1), 115(2) and 351(3) of the BNS, 2023 and as such, there is no need of custodial interrogation of the present applicant. Apart from this, he submits that the two other co-accused, namely, Aavir Shah and Dilshaad have been granted bail by this Court vide orders dated 14.05.2025 and 27.06.2025 respectively, copy of which are also enclosed as Annexure No.9 and Annexure No.10 and the other co-accused, namely, Sahana was already exonerated during investigation. 7. On the other side, Mr. Pankaj Joshi, learned AGA for the State fairly submits that the two co-accused, namely, Aavir and Dilsshad have already been granted bail by this Court and the third co-accused, namely, Sahana was already exonerated during investigation and the role as assigned to the present applicant is almost similar to the other co-accused and the applicant may be granted bail on the ground of parity. 8. Apart from this, he submits that the charge-sheet has already been filed and the applicant is having no previous criminal history. 9. After hearing the arguments as advanced by learned counsel for the applicant and further taking into consideration that the charge-sheet has already been filed and the two other co-accused, namely, Aavir and Dilshaad have already been granted bail by this Court, and, furthermore, the applicant is having no previous criminal history, this Court is of the view that the applicant deserve for bail. 10. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 11. Let the applicant, namely, Kabli, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 12.08.2025 R.Bisht