Jay Prakash Vs State of Uttarakhand — Uttarakhand HC (2025) — LawSathi Research

Jay Prakash Vs State of Uttarakhand — Uttarakhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Jay Prakash to be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the condition of monthly reporting to the nearest police station and cooperation with the investigation till its conclusion; bail granted without expressing any opinion on the merits.

Issue for consideration

Whether the applicant Jay Prakash, implicated along with Suraj Pandey and Bobby Chaudhary in the FIR dated 05.03.2025 at P.S. Transit Camp, District Udham Singh Nagar for offences punishable under Sections 109 r/w 351(2) of BNS, 2023, deserves to be released on regular bail.

Court's answer

The court allowed regular bail because the main role in the incident was assigned to co-accused Suraj Pandey and Bobby Chaudhary, Bobby Chaudhary has enemity with the victim, no specific role was assigned to the present applicant, and the applicant has no previous criminal history.

Ratio / Principle

Release on bail is conditioned on the applicant reporting to the nearest police station every month until conclusion of the investigation and cooperating with the investigation; failing which the prosecution is free to move for cancellation of bail.

Key takeaways

The grant of bail to the present applicant shall not be treated as a precedent in respect of the other accused.ratio¶11

Detailed headnote1 paragraphs

Regular bail granted — Offences under Sections 109 r/w 351(2) BNS, 2023 — FIR dated 05.03.2025, P.S. Transit Camp, District Udham Singh Nagar — Main role assigned to co-accused Suraj Pandey and Bobby Chaudhary; no specific role attributed to applicant — Applicant has no previous criminal history (working as delivery boy) — Enemity between co-accused Bobby Chaudhary and victim evident from cross-FIR No. 0079 of 2025 lodged by Bobby Chaudhary against the victim — Bail allowed with condition of monthly reporting to nearest police station till conclusion of investigation and cooperation therewith, failing which prosecution free to seek cancellation — Grant of bail expressly not to be treated as precedent for other accused — Observation made without expressing any opinion on merits.

2025:UHC:4528

SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGE’S ORDERS BA1 No. 852 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mrs. Shivangi Gangwar, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned A.G.A. for the State. 3. The present applicant ‘Jay Prakash’ is praying for regular bail in relation to First Information Report dated 05.03.2025 P.S. Transit Camp, District Udham Singh Nagar, wherein, the present applicant along with Suraj Pandey and one Bobby Chaudhary were implicated for the offences punishable under Section 109 r/w Section 351(2) of BNS, 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and he has no concern with the said incident and there is the enemity in between the main accused Bobby Chaudhary with the victim since Bobby Chaudhary also lodged a First Information Report against the victim on 11.02.2025 bearing FIR No. 0079 of 2025 at P.S. Rudrapur, District Udham Singh Nagar for the offences punishable under Sections 115(2), 324(2), 351(2) and 352 of BNS, 2023. In the FIR lodged by Bobby Chaudhary along with the victim Ankit, two other persons namely Praveen Pratham and Bobby were also implicated. 5. Learned counsel for the applicant fairly submits that there is a long enemity in between the other co-accused with the victim and the main role of causing gun shot fire is assigned to Bobby Chaudhary. 6. Learned counsel for the applicant further submits that the applicant has no previous criminal history and serving as a delivery boy in Zomato Company. 7. On the other side, Mr. Pankaj Joshi, learned A.G.A. have not disputed this fact that the applicant has no previous criminal history and in this incident the main accused are the Suraj

2025:UHC:4528

Pandey and Bobby Chaudhary and furthermore Bobby Chaudhary has an enemity with the victim, which is evident from the First Information Report lodged by Bobby Chaudhary against the victim and two other persons bearing Case Crime No. 0079 of 2025. He also fairly submits that the main role has been assigned to Suraj Pandey, however, he submits that since the investigation is going on and if the applicant is enlarged on bail then there is a possibility that somehow he may influence the investigation, therefore, he suggests that some stringent conditions may be imposed. 8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the main role has been assigned to Suraj Pandey and Bobby Chaudhary and furthermore Bobby Chaudhary has an enemity with the victim and no specific role has been assigned to the present applicant and the applicant has no previous criminal history, this court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10. Let the applicant ‘Jay Prakash’ 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 to the concerned nearest police station in every month till the conclusion of the investigation and will cooperate with the investigation, failing which the prosecution is free to move an application for cancellation of bail. Further granting bail to the present applicant shall not be treated as a precedent in respect of other accused. (Rakesh Thapliyal, J.) 04.06.2025 PR

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