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2025 DAILYLAW 2365 (UTT)

ANUJ KUMAR v. STATE OF UTTARAKHAND

BA1/255/2025 · 2025-06-04

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4509 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. 255 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mrs. Neelima Mishra Joshi, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Anuj Kumar’ S/o Shri Pal Singh is praying for regular bail in relation to First Information Report dated 20.05.2024 bearing FIR No. 0218 of 2024 P.S. Jaspur, District Udham Singh Nagar, wherein, the present applicant has been implicated for the offence punishable under Section 376(2)(l) of IPC. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, which is evident from the fact that during trial the two most important material witnesses the victim and victim’s mother were declared hostile and they categorically stated that nothing was done by the present applicant. 5. Apart from this, learned counsel for the applicant submits that the applicant is languishing in jail since 21.05.2024 and the chargesheet has already been filed and the trial has already been commenced, therefore, at this juncture there is no need of custodial interrogation of the present applicant. 6. On the other side, learned State counsel have not disputed this fact that the two most important material witnesses the victim and victim’s mother were declared hostile by the Trial Court and furthermore there is no need of custodial interrogation of the present applicant. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the chargesheet has already been filed and the present applicant is languishing in jail since 21.05.2024, this court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any 2025:UHC:4509 opinion on the merit of the case the bail application is allowed. 9. Let the applicant ‘Anuj 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.) 04.06.2025 PR 2025:UHC:4509