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
ABA No. 287 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Harsh Vardhan Dhanik and Mr. Jasmeet Sahota, learned counsel for the applicant. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. along with Mrs. Sweta Badola Dobhal, learned Brief Holder for the State. 3. The instant anticipatory bail application has been moved by the applicant Rajendra Pratap S/o Shri Ram Ji Yadav praying for anticipatory bail in relation to FIR dated 03.02.2025 bearing FIR No.0064 of 2025, registered at P.S. Rudrapur, District Udham Singh Nagar, wherein he has been implicated along with his mother and two sisters for the offences punishable under Sections 351(2), 61(2) and Section 64 of Bharatiya Nyaya Sanhita,
2023. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and in fact the applicant and victim both want to marry with each other since both of them were in love, but the family members of both the sides were not ready for their marriage.There are certain whatsapp chats and messages between both of them which are placed on record. It is also he argued that the applicant introduced his family members to the complainant and even
otherwise as per the FIR, at the most, relation in between both of them appears to be consensual. He further argued that instant anticipatory bail application was earlier heard by the Coordinate Bench and granted interim protection on 24.04.2025 but subsequently the same was recalled by the Coordinate Bench on 04.09.2025 since in compliance of the earlier order amended memo of parties and the cost could not be furnished. 5. The counter affidavit has been filed by the Investigating Officer on 28.04.2025 by bringing on record the statement of the victim as well as the doctors. 6. Today, learned counsel for the State, on instructions, further informed to this Court that now after completion of the investigation, the charge sheet has been filed and during investigation the mother and sisters of the applicant have been exonerated. 7.
Admittedly, the Coordinate Bench had earlier granted interim protection to the applicant but the same was subsequently recalled on the ground that neither the amended memo of parties was filed nor the cost was deposited, however, the admitted fact is that on completion of the investigation, the charge sheet has been filed and there is no any such material that the applicant never cooperated with the investigation and even he was not arrested during investigation. 8. Therefore, at this juncture, when the investigation has already been completed
and after collecting all credible evidence, the mother and the two sisters of the applicant have already been exonerated and furthermore, there is no any such material that the applicant never cooperated with the investigation, this Court is of the view that the trial may go on since the charge sheet has been filed, however, since there is no need of further custodial interrogation of the applicant, at this juncture, the arrest of the applicant is not required at all. 9. Therefore, this Court is of the view that the applicant deserves for anticipatory bail. 10. In such view of the matter, the instant anticipatory bail application is allowed and the applicant be remain on anticipatory bail subject his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall join the trial court proceedings on each and every date without seeking any unnecessary adjournment. (ii) The applicant shall neither approach nor influence any witnesses in any manner, whatsoever. (iii)The applicant will not leave the country without leave of the court concerned. (Rakesh Thapliyal, J.) 09.03.2026 Nahid