BA1/1350/2025 on 1 August, 2025

Uttarakhand High Court

BA1/1350/2025 on 1 August, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                  2025:UHC:6786
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions               COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               BA1/1350/2025

                               Hon'ble Rakesh Thapliyal, J.

1. Mr. Parikshit Saini, learned counsel
for the applicant.

2. Ms. Pushpa Bhatt, learned Addl.
Advocate General for the State.

3. Present applicant Jatin Kumar, s/o
Inderpal is praying for bail in relation to
FIR dated 08.02.2024, bearing FIR No.
0061 of 2024, registered at P.S. Jhabrera
District Haridwar which was lodged against
unknown person for the offence
punishable under Section 420 IPC. In this
FIR, on completion of investigation charge
sheet has been filed for the offences
punishable under Sections 419, 420, 467,
468, 471, 120B and, 201 IPC against three
persons, namely, Yashpal, R/o Saharanpur,
Firoz, R/o Dehradun and the present
applicant.

4. It is contended by the learned
counsel for the applicant that the amount
which was withdrawn belongs to the
mother of the complainant, who died three
months back from the date of withdrawal
of the amount. He submits that the
mother of the complainant was provided
ATM card, and the ATM card was linked
with the mobile number of co-accused
Yashpal. He submits that the present
applicant has no concern with regard to
the withdrawal of the amount, and, he is
simply serving as a peon in the Punjab
National Bank branch at Jhabrere, District
Haridwar. He further submits that the
applicant was arrested in the said crime
only on suspicion on 13.04.2025 and on
completion of investigation charge sheet
has already been filed on 09.07.2025,
therefore, at this juncture there is no need
of custodial interrogation of the applicant.
He also submits that as per the banking
2025:UHC:6786
system the amount can be withdrawn
digitally, operated by the biometric
system. He also submits that even as per
the prosecution, the main persons who are
involved in this crime are Yashpal and
Firoz and the applicant has no concern
with regard to the withdrawal of money.
Apart from this, he submits that the
applicant has no previous criminal history.

5. On the other side, Ms. Pushpa Bhatt,
learned Addl. Advocate General submits
that there is a great suspicion on the
conduct of the present applicant and after
collecting all credible evidence charge
sheet has been filed, however, she has not
disputed that since charge sheet has been
filed, as such, there is no need of custodial
interrogation of the applicant, and
furthermore, the applicant has no previous
criminal history.

6. After hearing the arguments of the
learned counsel for the parties, and taking
into consideration that the charge sheet
has already been filed and present
applicant is languishing in jail since
13.04.2025, and applicant has no previous
criminal history this court is of the view
that the applicant deserves for bail.

7. Accordingly, without expressing any
opinion on the merits of the case, the bail
application is allowed.

8. Let the applicant Jatin Kumar be
released on bail on his executing a
personal bond and furnishing two reliable
sureties of the like amount to the
satisfaction of the court concerned.

9. It is made clear that grant of bail to
the present applicant will not be treated as
a precedent in respect of other co-
accused.

(Rakesh Thapliyal, J.)
01.08.2025
Parul
2025:UHC:6786