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D/38 Correction Application (MCRC) No.1 of 2026

In

BA1No.323 of 2025

Hon’ble Ravindra Maithani, J.

Ms. Gurbani Singh, Advocate for the

applicant.

Ms. Manisha Rana Singh, Deputy Advocate

General for the State.

The applicant was granted bail in the

FIR/Case Crime No.584 of 2023, dated 10.10.2023, under Sections 320, 201 read with Section 34 IPC, Police Station Patel Nagar, District Dehradun based on the Sessions Trial No.17 of 2024, State of Uttarakhand Vs. Ashish alias Pappu, pending in the court of 5^th Additional

Sessions Judge, Dehradun.

It is submitted that, in fact, a charge-sheet

has been filed under Sections 302, 201 read with Section 34 IPC. It is apparent from the bail

rejection order, as well.

Now, a modification application has been filed

so that the order may be modified for the offences under Section 302 and 201 read with Section 34

IPC.

Heard.

Learned counsel for the applicant submits

that, in fact, in the instant matter, the FIR was lodged on 10.10.2023, under Sections 302, 201 read with Section 34 IPC, but the Charge Sheet was submitted under Sections 302, 201 read with Section 34 IPC based on which Sessions Trial No.17 of 2024 has been instituted. She submits that since Sections of the Charge Sheet are not opened in the bail order, hence, the applicant

could not be released.

This is too technicality, on which, the 5th

Additional Sessions Judge has stopped the release of the applicant. This Court has categorically stated that the bail has been granted in Sessions Trial No.17 of 2024, State of Uttarakhand Vs. Ashish alias Pappu, pending in

the court of 5th Additional Sessions Judge, Dehradun giving details of the FIR, which is not wrong. What difference does it make if the Sections of criminal trial is not opened? The applicant should have been released subject to furnishing of bail bonds, etc. as per the order, but it has not been done.

This Court makes it clear that the bail has been granted to the applicant in Sessions Trial No.17 of 2024, State of Uttarakhand Vs. Ashish alias Pappu, under Sections 302, 201 read with Section 34 IPC, pending in the court of 5^th Additional Sessions Judge, Dehradun, which is based on the FIR/Case Crime No.584 of 2023, dated 10.10.2023, under Sections 320, 201 read with Section 34 IPC, Police Station Patel Nagar, District Dehradun.

Let a copy of this order be forwarded to the

5^th Additional Sessions Judge, Dehradun to immediately comply with the order and if there are some other small errors in the order, he is requested to straightway communicate to the Court, but please don’t stop the liberty of a person, who has been lawfully granted bail by this Court.

Modification application stands allowed accordingly.

(Ravindra Maithani, J.)

08.01.2026 Sanjay