BA1/113/2025 on 28 January, 2025

Uttarakhand High Court

BA1/113/2025 on 28 January, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                   2025:UHC:640
                Office N ot e s,
              r e por t s, or de r s
              or pr oce e dings
SL.
       Date     or dir e ct ions                     COURT'S OR JUD GE'S ORD ERS
N o.
              a nd Re gist r a r 's
                  or de r w it h
                  Signa t ur e s
                                       BA1 No. 113 of 2025
                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Narendra Bali, learned counsel, holding
brief of Mr. B.S. Adhikari, learned counsel for the
applicant.

2. Mr. Akshay Latwal, learned Brief Holder for the
State.

3. Present applicant is seeking bail in relation to
FIR dated 25.04.2024 bearing FIR No. 0115 of 2024,
Police Station – Kotwali Kotdwar, District Pauri
Garhwal wherein after investigation charge-sheet has
been filed under Section 420 IPC read with Section 3/4
/76 of the Chit Fund Act, 1982.

4. Learned counsel for the applicant submits that
applicant is in jail since 28.08.2024 and since charge-
sheet has already been filed, therefore, there is no need
of custodial interrogation. Apart from this, he submits
that applicant is innocent and has been implicated
falsely. Even otherwise, no offence under Section 3 / 4
/ 76 of the Chit Fund Act is made out, since those
persons, who invested their amount periodically are
also equally responsible and furthermore, the
applicant has no previous criminal history.

5. Learned State Counsel have not disputed this
fact that applicant has no criminal history, as observed
by the learned Addl. Sessions Judge, Kotdwar while
rejecting the bail application of the applicant.

6. After taking into consideration that applicant is
in jail since 28.08.2024 and have no previous criminal
history, this Court is of the view that applicant should
be released on bail. Accordingly, without expressing
any opinion on the merits of the case, present bail
application is allowed.

7. Let the applicant – Manoj Kansal be released on
bail, on furnishing a personal bond and two sureties
each of the like amount to the satisfaction of the court
concerned.

(Rakesh Thapliyal, J.)
Vacation Judge
28.01.2025
SKS
2025:UHC:640