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2026 DAILYLAW 7792 (UTT)

SANTOSH KUMAR v. STATE OF UTTARAKHAND

BA2/17/2026 · 2026-07-06

Rakesh Thapliyal

body2026

Judgment text

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UKHC010011682026 2026:UHC:5404 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2/17/2026 Santosh Kumar --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. Mr. Priyanshu Gairola, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. Mr. Lalit Sharma, learned counsel for the complainant. 4. This is the second bail application. First one was dismissed for want of prosecution by the Coordinate Bench on 29.12.2025. 5. Present applicant-Santosh Kumar, who is in judicial custody since 01.06.2025 praying for bail in reference to a first information report dated 01.06.2025 bearing FIR No.0059 of 2025, P.S. Selaqui, District Dehradun wherein as many as three persons including the present applicant have been implicated for the offences punishable under Sections 318(4), 336(2), 336(3), 338, 340(2), 62(1) of BNS, 2023 read with Sections 63, 65 of Copyright Act and Section 66(C) and 66(D) of I.T. Act. 6. It is argued by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated; he is languishing in jail since 01.06.2025 and has no criminal history. He further submits that UKHC010011682026 2026:UHC:5404 11 persons have been charge sheeted out of which most of the co-accused have been enlarged on bail. He placed before this Court the order, granting bail to other two co- accused persons, namely, Vijay Kumar Pandey and Mahavir Prasad Bansal. He also claims parity of other co-accused person, who have been enlarged on bail. 7. On the other hand, Mr. Lalit Sharma, learned counsel for the complainant submits that it is an organized crime, however he has not disputed that the other co-accused, have been enlarged on bail. 8. On the other hand, learned AGA has not disputed that the applicant has no criminal antecedents and the other co- accused Vijay Kumar Pandey and Mahavir Prasad Bansal have been enlarged on bail. He further submits that the role assigned to the present applicant is identical to the other co- accused, who have been enlarged on bail. 9. After hearing the rival submissions of learned counsel for the parties and taking into consideration that other two co-accused have been enlarged on bail and present applicant is languishing in jail since 01.06.2025 and has no criminal antecedents, 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 second bail application is allowed. 11. Let the applicant-Santosh Kumar 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 subject to the following conditions:- UKHC010011682026 2026:UHC:5404 (i) Applicant shall not leave the country without leave of the Court and shall surrender his passport to the concerned court. (ii) He shall not indulge in any such similar activity in future either in this State or in other State. (iii) He shall not make any attempt to influence the witnesses or to temper with the evidence. (Rakesh Thapliyal, J.) 06.07.2026 Arti