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2025 DAILYLAW 1370 (UTT)

NISHA SHARMA v. SECRETARY HOME GOVT OF UTTARAKHAND

ABA/64/2025 · 2025-01-22

Vivek Bharti Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 22.01.2025 ABA No. 64 of 2025 Hon’ble Vivek Bharti Sharma, J. No representation for the applicant. 2. Mr. G.S. Sandhu, Additional Advocate General along with Mr. Rakesh Negi, Brief Holder for the State. 3. Mr. Shivam Rana, counsel for the complainant/victim through Video Conferencing. 4. Applicant Nisha Sharma is seeking anticipatory bail in F.I.R. No. 24 of 2024, under Sections 313, 376(3), 506 of I.P.C. and under the Protection from Children from the Sexual Offences Act, registered at Police Station Badkot, District Uttarkashi. 5. Learned State counsel as well as counsel for the complainant vehemently opposed the anticipatory bail application on the ground that the serious and heinous allegations have been levelled by the complainant/victim in the F.I.R., therefore, the applicant/accused is not entitled to get this relief at this stage. 6. They would further submit that an equally efficacious remedy is available to the applicant/ accused to file the anticipatory bail application before the Sessions Court but without exhausting the same, the applicant/accused has straightaway approached this Court for getting the anticipatory bail. 7. In view of the above, the anticipatory bail application is hereby dismissed. However, applicant/accused is at liberty to approach the Session Court for seeking anticipatory bail. (Vivek Bharti Sharma, J.) Vacation Judge 22.01.2025 Mamta