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2025 DAILYLAW 1448 (UTT)

NARESH ALIAS SANJU v. STATE OF UTTARAKHAND

BA1/93/2025 · 2025-03-26

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2247 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. 93 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mrs. Prabha Naithani, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Naresh alias Sanju’ is praying for regular bail in relation to Case Crime No. 313 of 2023 arising out of First Information Report dated 06.07.2023 P.S. Ranipur, District Haridwar, wherein, the present applicant has been implicated for the offence punishable under Section 363 of IPC. After conclusion of the investigation the charge-sheet has been filed for the offences punishale under Sections 363, 366, 376(2)(n) of IPC r/w Section 5(l)/6 of POCSO Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and infact the prosecutrix/victim herself admitted in her statement under Section 164 of Cr.P.C. as well as during her examination- in-chief that she was in love with the applicant. 5. Apart from this, the applicant submits that the applicant at the time of incident was 21 years old and the victim was 17 years old and both of them were infact at the tender age. 6. Apart from this, she submits that the chargesheet has already been filed and the trial has been commenced and there is no need of custodial interrogation and further the applicant has no previous criminal history. 7. On the other side, learned State counsel submits that after thorough investigation the chargesheet has been filed, however, he has not disputed this fact the chargesheet has been filed therefore there is no need of custodial interrogation and further the applicant has no previous criminal history. 8. After hearing the arguments of learned counsel for the parties, this court is of the view 2025:UHC:2247 that the applicant deserves for bail since the chargesheet has been filed and there is no need of custodial interrogation. 9. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 10. Let the applicant ‘Naresh alias Sanju’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 26.03.2025 PR 2025:UHC:2247