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2025 DAILYLAW 2002 (UTT)

ANIL KUMAR v. STATE OF UTTARAKHAND

BA1/215/2025 · 2025-03-05

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1531 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. 215 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Prem Prakash Bhatt, learned legal aid counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. For the reasons stated, exemption application (IA 1/2025) is allowed. 4. The present applicant ‘Anil Kumar’ is seeking bail in relation to First Information Report dated 19.01.2022 wherein the applicant was implicated for the offence punishable under Section 363 of IPC and after completion of the investigation the chargesheet was filed for the offences punishable under Sections 363, 366, 376(2)(n) and 304A of IPC r/w Section 5j(ii)/6 of POCSO Act. 5. Learned counsel for the applicant submits that the applicant has been implicated falsely, in fact, he married with the victim, but unfortunately the victim died during delivery. 6. Learned counsel for the applicant submits that this fact was very well in the knowledge of the complainant the father of the victim (now deceased) that his daughter married with the applicant. 7. He further submits that the applicant have no previous criminal history and is languishing in jail since 25.08.2023. 8. On the previous date the State was directed to get the instructions and today the learned A.G.A. informed to this court that the fact about the marriage of the applicant with the victim (deceased) was very well in the knowledge of the complainant. 9. Apart from this, he is also not disputed that the applicant have no previous criminal history and the chargesheet has been filed and there is no need of custodial interrogation. 10. After hearing the learned counsel for the 2025:UHC:1531 parties and after gone through with the records, this court is of the view that the applicant deserves for bail. 11. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 12. Let the applicant ‘Anil Kumar’ 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.) 05.03.2025 PR 2025:UHC:1531