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2025 DAILYLAW 17546 (UTT)

SANGEETA v. STATE OF UTTARAKHAND

BA1/2312/2025 · 2025-11-28

Rakesh Thapliyal

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 JUDGE’S ORDERS BA1 No. 2312 of 2025 Hon'ble Rakesh Thapliyal, J. (Through V.C.) 1. Mr. Ashish Aggarwal and Mr. Shankar Aggarwal, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. Present applicant Sangeeta, W/o Anil Dhiman is praying for bail in reference to FIR dated 25.03.2025, bearing FIR No. 120 of 2025 registered at P.S. Kotwali District Dehradun wherein the present applicant has been implicated for the offence punishable under Section 89 of BNS 2023 read with Section 16 and 17 of POCSO Act 2012. 4. It is submitted by the learned counsel for the applicant that applicant is innocent and is not named in the FIR and her name was added during investigation and is languishing in jail since 12.05.2025. 5. As per the allegation, as alleged in the FIR dated 25.03.2025, the daughter of the complainant on 20.03.2025 was suffering from stomach pain and she was taken to Doon Hospital and after checkup Doctor opined that his daughter is four months pregnant then the daughter disclosed that she came in touch with another person, namely, Chandan who committed rape with her. 6. In para 6 it is stated that investigating officer took the victim for the medical examination on 25.03.2025, thereafter the victim was medically examined and her statement was also recorded in the medical examination report dated 25.03.2025 by the medical officer and thereafter medico legal report was prepared on 26.03.2025 by the senior pathologist and supplementary report was also filed wherein doctor opined that no definite opinion can be given about the sexual assault. 7. Learned counsel for the applicant stated that subsequently, the statement of the victim was recorded by the Investigating Officer under Section 180 of BNSS followed by the statement recorded under Section 183 of BNSS and the victim disclosed the name of the applicant, however, on completion of investigation charge sheet has been filed. He further submits that trial has already been commenced and the applicant is languishing in jail since 12.05.2025, and there is no need of custodial interrogation of the applicant. 8. On the other side, Mr. Sharma, learned A.G.A. for the State has not disputed that charge sheet has already been filed and the trial has been commenced, and, as such, at this juncture there is no need of custodial interrogation of the applicant. 9. After hearing the arguments of the learned counsel for the parties and taking into consideration that trial has already been commenced and the present applicant is languishing in jail since 12.05.2025, this Court is of the view that the applicant deserves for bail. 10. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 11. Let the applicant Sangeeta be released on bail on her executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 28.11.2025 Parul