DIVYANSHU SAXENA ALIAS VEDANSH v. STATE OF UTTARAKHAND
BA1/74/2025 · 2025-03-04
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1369 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1369 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1498 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/74/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Harshpal Sekhon, learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned Assistant Government Advocate for the State.
3. Present applicant is in judicial custody in relation to FIR dated 11.10.2024 bearing FIR No. 507 of 2024, registered at Police Station – Rudrapur, District – Udham Singh Nagar, wherein present applicant has been implicated for the offences punishable under Sections 376 (2) (n), 506 IPC.
4.
Learned counsel for the applicant submits that the manner in which allegations have been levelled is completely false and whatever be relation between the applicant and victim are concerned was consensual, therefore, no offence is made out.
5. Apart from this, learned counsel for the applicant submits that this fact was very well in the knowledge of the victim that applicant was married since victim was close friend of applicant’s wife. In support of his submission, he has placed reliance on certain photographs annexed as Annexure No. 2. He further submits that since this fact was well within the knowledge of the victim that applicant was married, therefore, the allegation that applicant made physical relations with the victim on the pretext of marriage is completely incorrect. He further submits that charge-sheet has already been filed and there is no need of custodial interrogation and applicant has no criminal history and he is languishing in jail since 12.10.2024.
6. Per contra, learned AGA submits that victim supported the allegations, as alleged in the FIR. However, he has not disputed this fact that charge-sheet has already been filed and there is no need of custodial interrogation and applicant has no criminal history.
2025:UHC:1498
7. After hearing learned counsel for the parties and further taking into consideration the fact that charge-sheet has already been filed and there is no need of custodial interrogation and applicant has no criminal history and he is languishing in jail since 12.10.2024, therefore, this Court is of the view that applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.
8. Let the applicant Divyanshu Saxena @ Vedansh be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 04.03.2025 SKS
2025:UHC:1498