Uttarakhand High Court
BA1/381/2025 on 18 July, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:6280
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No. 381 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. R.S. Sammal and Mrs. Sarita Bisht,
learned counsel for the applicant.
2. Mr. Siddhartha Bisht, learned A.G.A. with
Mr. Himanshu Sain, learned Brief Holder for the
State.
3. The present applicant ‘Abid’ S/o Shaheed is
praying for bail in relation to First Information
Report dated 26.01.2025 bearing FIR No. 85 of 2025
P.S. Bahadrabad, District Haridwar, wherein, the
present applicant along with Shaukeen were
implicated for the offence punishable under
Section 109 of BNS, 2023. On completion of
investigation the charge-sheet was filed for the
offence punishable under Sections 109 of BNS,
2023 r/w Section 3/25 of Arms Act.
4. It is contended by the learned counsel for
the applicant that the applicant is innocent and
has been falsely implicated and infact in the
alleged incident the applicant sustained multiple
injuries by fire arm, which is evident from injury
report placed on record by the prosecution in the
counter affidavit.
5. Learned counsel for the applicant Mr. R.S.
Sammal further argued that on 24.03.2025 the
charge-sheet has already been filed and as such
there is no need of custodial interrogation of the
present applicant. He further submits that in
pending criminal case the applicant is already
bailed out.
6. On the other side, Mr. Siddhartha Bisht,
learned A.G.A. pointed out that after collecting
credible evidences the charge-sheet has been filed,
however, he has not disputed this fact that in the
incident the applicant also sustained multiple
injuries by fire arm. Apart from this, he also
submits that the applicant is a habitual offender
and in six cases he has been implicated, the details
of which are as follows:
(i) Case Crime No. 85 of 2025 for the
2025:UHC:6280
offences punishable under Sections
109 of BNS and Section 3/25 of Arms
Act.
(ii) Case Crime No. 160 of 2016 for the
offences punishable under Sections 323,
332, 353, 504, 506, 147 and 148 of IPC.
(iii) Case Crime No. 172 of 2016 for the
offences punishable under Sections 323,
332, 353, 506, 147, 148, 427, 225 and 34 of
IPC.
(iv) Case Crime No. 82 of 2024 for the
offences punishable under Sections 392,
120B, 411 and 34 of IPC.
(v) Case Crime No. 161 of 2024 for the
offence punishable under Section 3/25 of
Arms Act.
(vi) Case Crime No. 264 of 2017 for the
offence punishable under Section 379 of
IPC.
7. He submits that taking into consideration
his long criminal history the applicant does not
deserve for bail, however, he has not disputed this
fact that the charge-sheet has already been filed
and as such there is no need of custodial
interrogation of the present applicant and if the
applicant be enlarged on bail some stringent
conditions may be imposed.
8. After hearing the arguments of learned
counsel for the parties and further taking into
consideration that the charge-sheet has already
been filed and as such there is no need of custodial
interrogation of the present applicant, therefore,
the applicant deserves for bail, but taking into
consideration the long criminal history this court
is of the view that some stringent conditions
should be imposed.
9. Accordingly, without expressing any
opinion on the merit of the case the bail
application is allowed.
10. Let the applicant ‘Abid’ be released on bail
on furnishing his personal bond and two sureties
each of the like amount to the satisfaction of the
court concerned.
11. It is made clear that after being released on
bail the applicant shall report his presence to the
nearest police station in every 15 days and the
concerned S.H.O shall record his presence and if
2025:UHC:6280
the applicant is found to breach the aforesaid
conditions and also found to be indulged in any
criminal activity, the Trial Court is directed to
cancel the bail of the applicant forthwith.
(Rakesh Thapliyal, J.)
18.07.2025
PR