2025 Supreme(Online)(UK) 1849
HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
Sanj u Gangwar – Appellant
Versus
State – Respondent
BA 1/1209/2025
Advocates:
For the Appellants/Petitioners: Mr. Saurabh Kumar Pandey
For the Respondents: Mr. Pankaj Joshi
Bail can be granted when the accused is not named in the FIR and only peripheral charges exist, especially if a chargesheet has already been filed.
Headnote:(A) BNS 2023 - Sections 3(5), 238, 309(6), 317(2) - Bail application of the applicant Sanju Gangwar in relation to FIR No. 0121 of 2025 regarding his involvement in the case - The applicant is not named in the FIR and charges filed are primarily for evidence destruction, and ultimate role attributed to the main accused Vishnu Rastogi. Court favored bail considering the already filed chargesheet and lack of necessity for custodial interrogation. (Paras 4-6)
(B) The court does not express opinions on merits of the case and highlights that bail granted should not set a precedent for other co-accused. (Paras 7-9)
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