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2025 DAILYLAW 15935 (UTT)

AMARJEET KASHYAP ALIAS AMAR KASHYAP v. STATE OF UTTARAKHAND

BA1/2182/2025 · 2025-11-18

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:10235 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 / 2 1 8 2 / 2 0 2 5 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant “Amarjeet Kashyap @ Amar Kashyap, son of Vijay Kashyap” is seeking regular bail in relation to FIR dated 19.02.2022 bearing FIR No. 0111 of 2022, Police Station – Rudrapur, District – Udham Singh Nagar, lodged by father of victim wherein present applicant has been implicated for the offences punishable under Section 363 read with Section 366 IPC. 4. Learned counsel for the applicant argued that allegation, as alleged in the FIR is absolutely false, which is evident from statement of victim recorded under Section 164 Cr.P.C. 5. On perusal of the statement of victim recorded under Section 164 Cr.P.C., it reveals that victim was in love with the applicant and on 10.08.2022, they got married in the Arya Samaj Mandir, as on that date, she became major, as she crossed the age of 18 years. She further stated that after her marriage, they visited different places like Mathura, Mumbai and Gujrat and on 28.02.2025, from the marriage, a female child was also born and when both the applicant and victim came to Rudrapur for registration of their marriage, then they stayed in a hotel, however, officials of the hotel informed the police and she informed the police then she want to live with her husband i.e. applicant. 6. Learned counsel for the applicant submits that the victim denied all the allegations despite this without any material merely on the ground that when the victim left the house, she was minor, charge sheet has been filed. 7. Learned counsel for the applicant has also enclosed copy of the marriage certificate as Annexure No. 2 to the bail application. 2025:UHC:10235 8. He further submits that applicant was arrested on 30.07.2025 and the victim was sent to Nari Niketan. 9. From perusal of the marriage certificate, it appears that both the applicant and victim married in Arya Samaj Mandir on 10.08.2022 and as per marriage certificate, date of birth of victim is shown as 03.03.2002, which itself reveals that at the time of marriage, victim was major. 10. On the previous date, learned State Counsel was directed to get instructions in the matter. 11. Today, on instructions, learned State Counsel submits that charge sheet has already been filed, as such, there is no need of custodial interrogation and also not disputed the statement of victim recorded under Section 164 Cr.P.C. wherein she denied the case of prosecution however, submits that at the time of FIR, victim was minor. 12. After hearing the arguments of learned counsel for the parties and further taking into consideration the statement of victim recorded under Section 164 Cr.P.C. and marriage registration certificate and the fact that one female child was also born from the marriage, this Court is of the view that the applicant deserves for bail. 13. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 14. Let the applicant “Amarjeet Kashyap @ Amar Kashyap, son of Vijay Kashyap” 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.) 18.11.2025 SKS