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HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
RAHUL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
BA No. 1102 of 2025
SL. N o .
D a t e
Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s o r d i r e ct i o n s a n d Re g i st r a r ’ s o r d e r w i t h Si g n a t u r e s
COURT’ S OR JUD GE’ S ORD ERS
1 BA 1 N o .1 1 0 2 o f 2 0 2 5 Hon’ble Rakesh Thapliyal, J. . Mr. Ankur Sharma, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State . 3. Present applicant– Vikram Son of Rajkumar is seeking regular bail in relation to first information report dated 10.02.2025 bearing FIR No. 0047 of 2025, Police Station Raipur, District Dehradun, which was lodged against unknown person for the offence punishable under Section 305(a) and 331(4) of BNS , 2023. On completion of the investigation, the applicant was charge- sheeted for the offences punishable under Sections 305(a), 3(5), 331(4) and 317(2) BNS , 2023. 4. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. Apart from this, he submits that the applicant is permanent resident of Sapera Basti of District Dehradun and a Rickshaw Driver and a married person having two children. 5. Learned counsel for the applicant further submits that the recovery as shown is nothing but planted one, since there is no independent witness and there is no videography. 6. He further argued that the charge-sheet has already been filed and the offences are triable by the Magistrate and at this juncture, there is no need of custodial interrogation of the present applicant and the applicant be released on bail. 7. On the other side, Mr. Himanshu Sain, learned Brief Holder have not disputed this fact that the charge-sheet has already been
filed, and, furthermore, the applicant is having no previous criminal history and all the offences are triable by the Magistrate. 8. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and the applicant is having no previous criminal history and is languishing in jail since 14.02.2025, therefore, this Court is of the view that the applicants deserve for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 10. Let the applicants, namely, Vikram, 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. 11. It is made clear that after being released on bail, the applicant shall join the trial Court proceeding on each and every date without seeking any unnecessary adjournment and the trial court is directed to expedite the trial as early as possible. 12. It is also made clear that if the applicant is found to be indulged in any criminal activity, the prosecution is free to move an application for cancelling the bail. (Rakesh Thapliyal, J.) 12.08.2025 R.Bisht
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