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2025 DAILYLAW 9174 (UTT)

VIJAYPAL v. STATE OF UTTARAKHAND

BA1/1246/2025 · 2025-09-11

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:8125 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.1246 of 2025 Hon’ble Rakesh Thapliyal ( through V C ) 1. Mr. Harsh Vardhan Dhanik, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Vijaypal S/o Nanhe Lal is seeking regular bail in relation to first information report dated 04.11.2024 bearing FIR No.0194 of 2024, Police Station Nanakmatta, District Udham Singh Nagar, which was lodged against unknown person. During investigation, the applicant was arrested on 09.11.2024, and, thereafter, the applicant along with one other co-accused Ajay, both have been charge-sheeted for the offences punishable under Sections 103(1), 238, 3(5) of BNS, 2023. 4. It is contended by learned counsel for the applicant that there is no direct evidence against the applicant and only on the basis of statement of one Ms. Surendra Kaur and his father Bhagwan Singh, the applicant and other co-accused Ajay have been charge-sheeted. 5. Learned counsel for the applicant submits that whatever be the evidence has been collected by the prosecution, the same are hearsay, since some other person informed about the involvement of the present applicant and other co-accused in the commission of the crime, but the said person was never been interrogated during investigation. 6. He further submits that the charge- sheet has already been filed thoughwithout FSL report and as such there is no need of 2025:UHC:8125 custodial interrogation of the applicant and other co-accused, namely, Ajay has already been enlarged on bail by this Court on 03.07.2025. 7. He also submits that the applicant is having no previous criminal history and deserves for parity of the other co-accused. 8. On the other side, Mr. V.S. Pal, learned AGA have not disputed this fact that the charge-sheet has already been filed and the present applicant is having no previous criminal history and deserves to be enlarged on bail on the ground of parity of other co-accused, namely, Ajay, who has been enlarged on bail on 03.07.2025. 9. After hearing the arguments as advanced by learned counsel for the parties and taking into consideration that the other co-accused has already been enlarged on bail and the present applicant has also assigned the same role and the charge- sheet has already been filed, and, furthermore, the present applicant is having no previous criminal history, this Court is of the view that the applicant deserves 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, Vijaypal, 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. 12. It is made clear that after being released on bail, the applicant shall attend trial court proceeding on each and every date without seeking any unnecessary adjournment and if the applicant fails to appear before the trial Court, the trial Court is free to take action against the applicant as per the Rules. 2025:UHC:8125 13. It is further made clear that the trial Court may proceed with the trial without being influenced with the observation as made above. (Rakesh Thapliyal, J.) 11.09.2025 R.Bisht