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2025 DAILYLAW 2322 (UTT)

MAHANAND v. STATE OF UTTARAKHAND

BA1/254/2025 · 2025-03-03

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 JUDGES’S ORDERS BA1 No. 254 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Ravi Shankar, legal aid counsel for the applicant. 2. Mr. Pankaj Joshi, learned A.G.A. for the State. 3. The present applicant ‘Mahanand’ is in a judicial custody in relation to First Information Report dated 09.04.2024 registered as FIR No. 0038 of 2024 P.S. Jhankiya, District Udham Singh Nagar, wherein, the present applicant was implicated for the offence punishable under Section 363 of IPC. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and in fact the applicant was in love with the victim. 5. He further submits that the victim in her statement recorded under Section 164 of Cr.P.C. stated that their relationship were developed with the applicant with her own consent and she also married with the applicant. 6. Apart from this, learned counsel for the applicant submits that the applicant have no previous criminal history and is languishing in jail since 05.05.2024 and the investigation has been concluded and the chargesheet has been filed. 7. On written instructions Mr. Pankaj Joshi, learned A.G.A. placed before this court the statement of the victim recorded under Section 164 of Cr.P.C., wherein, she has admitted that whatever be the relation developed with the applicant was with her consent and she is married with the applicant and pregnant from him. 8. She also stated that as and when the applicant will be released she will remarry with the applicant. 9. Apart from this, learned A.G.A. have not disputed this fact that the applicant has no previous criminal history and the chargesheet has been filed. 10. After hearing the learned counsel for the parties and further taking into consideration that the chargesheet has been filed and there is no need of the custodial interrogation of the present applicant and the applicant has no previous criminal history, 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 ‘Mahanand’ 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.) 03.03.2025 PR