High Court · 2025

1. Mrs. Manisha Bhandari and Mr. Rishabh Rangar, learned counsel for t he applicant . 2. Mr. G.S. Sandhu, learned Addit ional A.G. wit h and Mr. Deepak Bhardwaj , learned Brief Holder for t he St at e. 3. Mr. R.P.Naut iyal, learned Senior Advocat e assist ed by Mr. Pradeep t he Cham yal, com plainant . Present applicant “Aj ay Saini, S/ o 3. is praying Ram pal Singh” reference t o FI R dat ed 08.02.2025, bearing FI R/ Case Crim e No. 0071 of 2025, regist ered at P.S. Pat el Nagar Dist rict Dehradun which was lodged against unknown persons for t he offence punishable under Sect ions 140( 3) of BNS 2023. Aft er com plet ion of invest igat ion t he four persons nam ely Geet a Saini, her husband Him anshu, Geet a’s brot her in law Dhanraj and Aj ay Saini, Geet a’s brot her were charge sheet ed t he offences under Sect ions punishable 103( 1) , 140( 1) ( 3) , 238( A) read wit h Sect ion 3 ( 5) of Bhart iya Nyay Sanhit a 2023. 4. Learned counsel for t he applicant argued t hat t he charge sheet has already been filed and t he present applicant is languishing in j ail since 19.02.2025 and even as per t he prosecut ion t he m ain accused are Geet a Saini and her husband Him anshu. She furt her argued t hat as per t he prosecut ion t he dead body of t he deceased was rem oved from t he place of t he occurrence wit h t he assist ance of Aj ay Saini and Dhanraj and t he t hat applicant t herefore except t his for com m ission of crim e no any such act ive role was assigned t o Aj ay Saini and Dhanraj . She furt her t he co- accused who has argued been assigned t he sam e role as of Aj ay Saini is already enlarged on bail by t he Sessions Court , Dehradun by t he order dat ed 08.04.2025. She furt her argued t hat present applicant has no crim inal hist ory and since t he co- accused who has been assigned t he ident ical role has already enlarged on bail by t he Session Court , released on bail. 5. On t he ot her side, Mr. G.S. Sandhu, learned Addit ional Advocat e General for t he St at e, have not disput ed t his fact t hat t he charge sheet has already been filed and t he ot her co- accused t o whom role was assigned nam ely t he sam e Dhanraj was already been grant ed bail by t he Session Court . He has also not disput ed t his fact t hat at t his j unct ure when t he charge sheet has already been filed, as such, is no need of t here cust odial int errogat ion of t he applicant t he applicant has no previous crim inal hist ory. 6. Mr. R.P.Naut iyal, learned Senior Advocat e t he com plainant also argued t hat t he only role for dest ruct ion of t he evidence has been assigned t o t he present applicant and t he ot her co- accused Dhanraj and have not disput ed t his fact t hat t he ot her co- accused Dhanraj has already grant ed bail, however, he subm it s t hat m ain role has been assigned t o Geet a Saini and her husband Him anshu and so far as t he is concerned she was Geet a Saini t he ground of grant ed bail only on pregnancy accused Him anshu Saini is st ill in j ail. Aft er hearing t he argum ent s of t he 7. learned counsel t he part ies and furt her t aking int o considerat ion t hat t he t he m ain counsel learned ot her co- accused Dhanraj has already grant ed bail by t he Session Court and t he sam e role has been assigned t o t he t he present applicant and as per prosecut ion only t he charge against t he present applicant and t he co- accused Dhanraj is for dest ruct ion of evidence, t herefore, t his Court is of t he view t hat t he applicant deserves for bail. Accordingly, wit hout expressing any 8. opinion on t he m erit of t he case, t he bail applicat ion is allowed. Let t he applicant “Aj ay Saini” be 9. released on bail on his execut ing a personal bond and furnishing t wo reliable suret ies of t he t o sat isfact ion of t he court concerned. 10. I t is m ade clear t hat grant of bail t o t he present applicant shall not t o be t reat ed as a precedent in respect of t he m ain accused Him anshu, who is st ill in j ail. like am ount t he (Rakesh Thapliyal, J.)

16.09.2025 Nahid