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2025 DAILYLAW 1917 (UTT)

KUSHLA DEVI v. STATE OF UTTARAKHAND

BA1/213/2025 · 2025-04-17

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2789 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/213/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Deepak Sharma, (through V.C.) learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate and Mr. Himanshu Sain, learned counsel for the State. 3. Present applicant is praying for regular bail in relation to FIR dated 09.10.2024 bearing FIR No. 0380 of 2024, registered at Police Station – Raipur, District – Dehradun wherein present applicant along with other co-accused have been implicated for the offence punishable under Section 80 (2) BNS, 2023. 4. After completion of the investigation, charge sheet has been filed against the present applicant as well as against the husband of the deceased for the offence punishable under Section 80 (2) BNS, 2023. 5. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated which is evident from the statement of other independent witnesses residing in the same locality. He further submits that husband of the victim is in jail and other co-accused have been exonerated. 6. Apart from this, he submits that since the charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and applicant is languishing in jail since 11.10.2024. 7. On the other side, learned State Counsel submits that after collecting credible evidence, charge-sheet has been filed, therefore, there is no need of custodial interrogation of the applicant and trial has already been commenced. 8. After hearing learned counsel for the parties and further taking into consideration that since the charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the 2025:UHC:2789 applicant, 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. 9. Let the applicant “Kushla Devi” 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.) 17.04.2025. SKS SATYENDRA KUMAR SHARMA Digitally signed by SATYENDRA KUMAR SHARMA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=0ae29206736743e1dbac130112ec0ecf08 e05510bf453a3831b775c37aaef013, postalCode=263001, st=UTTARAKHAND, serialNumber=D399BE9D4085860FEA4EC70D338 10048385B41426ED344626DCE3F13245AD17E, cn=SATYENDRA KUMAR SHARMA Date: 2025.04.22 10:18:23 +05'30'