SAHIL KUMAR vs STATE OF UTTARAKHAND

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Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

BA1/280/2026

Sahil Kumar
--Applicant

Versus
State Of Uttarakhand
--Respondent


Hon'ble Rakesh Thapliyal, J.

1. Mr. K.K. Harbola, learned counsel
for the applicant.
2. Mr. Sandeep Sharma, learned
AG.A. for the State.
3. The instant bail application is
moved on behalf of the applicant Sahil
Kumar, S/o Late Krishna Kumar, R/o
Shri Ganganagar, Rajasthan seeking bail
in reference to FIR dated 05.09.2025,
bearing FIR No. 0018 of 2025 P.S.
Deghat District Almora which was lodged
against unknown person for the offence
punishable under Section 318(4) of BNS
2023 wherein after investigation the
present applicant has been charge
sheeted for the offences punishable
under Section 308(5), 318(4) and 61(2) of
BNS 2023 read with Section 66-D of the
I.T. Act.
4. It is argued by the learned counsel
for the applicant that the applicant is
innocent and has been falsely implicated
only on the basis of suspicion and there
is no link evidence, even the informant
was examined and he has not support
the case of the prosecution wherein he
stated that neither the present applicant
called him nor make any demand. Apart
from this, he submits that charge sheet
though has been filed but part pending

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investigation against the remaining
accused is still going on and the I.O.
filed the charge sheet against the
applicant in haste which is evident from
the fact that part pending investigation
is still going on against the remaining
person, and, therefore, charge sheet filed
against the applicant is in fact is not the
charge sheet in terms of the provision of
BNSS 2023. Apart from this, he submits
that the applicant is languishing in jail
since14.10.2025 and as such suffered
incarceration of more than 10 months
though he has no criminal antecedent,
therefore, the applicant be released on
bail.
5. On the other side, Mr. Sharma,
learned AGA for the State submits that
after collecting all credible evidence
charge sheet has been filed though part
pending investigation is going on against
remaining persons. So far as antecedent
part is concerned, he also submits that
the present applicant has no criminal
antecedent and all the offences are
triable by the Magistrate.
6. After hearing the submissions of
the learned counsel for the parties and
taking into consideration that the charge
sheet has already been filed against the
present applicant and he is languishing
in jail since 14.10.2025 and have no
criminal antecedent and all the offences
are triable by the Magistrate, this Court
is of the view that the applicant deserves
for bail.
7. Accordingly without expressing any
opinion on the merit of the case the
instant bail application is allowed.
8. Let the applicant Sahil 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
subject to the following conditions:-

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(i) After being released on bail, the
applicant shall join the trial court
proceeding on each and every date
without seeking unnecessary
adjournment.
(ii) The applicant shall surrender his
passport, if any, to the concerned trial
court within a week after being released
on bail.
(iii) The applicant shall not indulge in
any such activity in future.
9. In case of breach of any of the
aforesaid conditions, the prosecution is
free to move an application for
cancellation of bail.



(Rakesh Thapliyal, J)
09.09.2026

Parul

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