Nirdesh v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

UKHC010190392025

2026:UHC:6210

UKHC010190392025 BA1/2323/2025 Nirdesh --Applicant Versus State of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J.

Mr. Sachin Kumar Sharma, Mr. Mohd. Safdar, learned counsel for the applicant.

¶2Mr. Sandeep Sharma, learned AGA, for the State of Uttarakhand.

¶3The present applicant – Smt. Nirdesh W/o Shri Rajneesh Kumar, is praying for bail in a reference to FIR dated 27.08.2028 bearing FIR No.415 of 2025, Police Station Kotwali Gangnahar, Roorkee, District Haridwar, which was lodged against as many as six persons, namely, Maneesh @ Bolar, Praveen Balmiki, Pankaj Kumar Astwal, Rajkumar, Ankit and Monika, for the offences punishable under Sections 420, 467, 468, 471 and 120-B of IPC read with Sections 111, 351 and 352 of BNS.

¶4It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated, and the chargesheet has already been filed and the applicant is languishing in jail since

28.02.2025, and as per the prosecution case, there is one criminal antecedent of the applicant, though the present applicant is not named in the said case. He further argued that co-accused, namely, Aakash Saxena and Manish @ Bolar, have been enlarged on bail by the coordinate Bench, though the remaining three co-accused persons, namely, Kaushal Kumar Sahay @ Sunny, Rajkumar and Ankit Kumar, have been granted interim bail by the coordinate Bench in Anticipatory Bail Applications. All the orders have been shown to this Court and the copy of which is also supplied to the learned State Counsel.

¶5On the other side, learned AGA submits that after thorough investigation, and after collecting the credible evidence, the chargesheet has been filed and the present applicant take active role in impersonating the another lady while executing the "power of attorney" and "sale deed". He has not disputed that other two co-accused persons, namely, Aakash Saxena and Manish @ Bolar, were granted regular bail, and the other three co-accused persons, namely, Kaushal Kumar Sahay @ Sunny, Rajkumar and Ankit Kumar, have been enlarged on interim bail in Anticipatory Bail Application. He further submits that the chargesheet has already been filed.

¶6After hearing the submissions of the learned counsel for the parties, and taking into consideration that the chargesheet has already been filed and two other co-accused has been granted regular bail and the remaining co-accused persons have been granted interim bail, and the present applicant is a lady and deserves to get privilege in terms of Section 480 of BNSS, 2023, this Court is of the view that the applicant deserves for bail.

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

¶8Let the applicant – Smt. Nirdesh, be released on bail, on her executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned, subject to the following conditions:- "(a) The applicant after being released on bail shall join the trial court proceedings on each and every date without seeking any unnecessary adjournment.

(b) The applicant shall not indulge in any such activities in future.

(c) The applicant shall surrender her passport to the Trial Court concerned, if any.

(d) If the applicant is found to be indulged in such activities in future, the prosecution is free to move an application for cancellation of bail." (Rakesh Thapliyal, J.)

22.07.2026 Nitesh/