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2025 DAILYLAW 9762 (UTT)

AMAN GUPTA v. STATE OF UTTARAKHAND

BA1/1394/2025 · 2025-08-08

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:7015 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1394/2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Meenu Kashyap, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned AGA for the State. 3. The present applicant ‘Aman Gupta, son of Shri Ramesh,” is praying for regular bail in relation to First Information Report dated 08.06.2025 bearing FIR No. 0171 of 2025, Police Station – Sitarganj, District – Udham Singh Nagar, wherein present applicant, his real brother Akash Gupta and one Mohd. Kasid were implicated for the offences punishable under Section 119(1), 127 (7) 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 fact that both the real brothers have been implicated in the present case. She further argued that applicant is languishing in jail since 08.06.2025 and there is no recovery from the present applicant and applicant has no previous criminal history. 5. On the other side, Mr. Pankaj Joshi, learned AGA have pointed out that in the present case, investigation is still going on, however, he has not disputed this fact that applicant has no previous criminal history. He further submits that the real brother of the applicant is also arrested and if bail is granted at this juncture, there may be possibility that he may influence the investigation, therefore, so some stringent condition may be imposed. 6. After hearing the arguments of learned counsel for the parties and further taking into consideration the fact that applicant is languishing in jail since 08.06.2025 and he has no previous criminal history, 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. 2025:UHC:7015 8. Let the applicant ‘‘Aman Gupta, son of Shri Ramesh,” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail applicant shall cooperate with investigation and he will not influence the investigation. If applicant fails to comply with the aforesaid two conditions, the prosecution is free to move application for cancellation of bail. 10. It is further made clear that this order shall not be treated as precedent in respect of other co- accused. (Rakesh Thapliyal, J.) 08.08.2025 SKS 2025:UHC:7015