The High Court allowed the applicant's bail application in offences under BNS 2023 and IT Act, granting bail on furnishing a personal bond and two sureties, noting that custodial interrogation was unnecessary after the charge-sheet was filed.
Release on bail furnished by personal bond and two sureties, each of like amount.
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2025:UHC:4840
| SL. No. |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGE’S ORDERS |
|---|---|---|---|
| BA1/669/2025 Hon’ble Rakesh Thapliyal, J. |
|||
| 1. Mr. Lalit Sharma and Ms. Shreya Yadav, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Vishal Tiwari, son of Shri Ramesh Tiwari is seeking regular bail in relation to FIR dated 31.01.2025 bearing FIR No. 0047 of 2025, registered at Police Station – Nehru Colony, District – Dehradun wherein the applicant has been implicated for the offences punishable under Section 308 (5), 351 (2), 352, 3 (5) of BNS, 2023 and under Section 67-D of the IT Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and not named in the FIR. In the FIR, four mobile phones were mentioned, which does not belong to the present applicant. He further submits that without collecting credible evidence, applicant has been arrested and no money was credited in his account. He further submits that only on the statement of co- accused Sachin, applicant has been implicated. Learned counsel for the applicant submits that for the same, case crime no. 47 of 2025, one FIR has been registered in Ranchi. 5. Apart from this, he submits that charge-sheet has been filed, therefore, there is no need of custodial interrogation of the applicant and furthermore, the applicant have no previous criminal history. 6. On the other side, learned State Counsel has not disputed this fact that charge-sheet has been filed, therefore, there is no need of custodial interrogation of the applicant and he has no previous criminal history. 7. Learned State Counsel has placed before this Court account statement of co-accused Sachin. On perusal of the account statement it reveals that money was transferred in the account of co-accused Sachin on 06.01.2025 and not in the account of present applicant. 8. After hearing learned counsel for the parties and further taking into consideration that there is no such document which reveals that amount has been credited in the account of present applicant and since, charge-sheet has been filed,therefore,there is no need |
2025:UHC:4840
of custodial interrogation, this Court is of the view that the applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed. 9. Let the applicant “Vishal Tiwari” 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.) 11.06.2025. SKS
1 issue framed by the court
Whether regular bail ought to be granted to the applicant in offences under the Bharatiya Nyaya Sanhita, 2023 and Information Technology Act.
Vishal Tiwari
State
Rakesh Thapliyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
