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2025 DAILYLAW 2773 (UTT)

GURUPREET SINGH v. STATE OF UTTARAKHAND

BA1/310/2025 · 2025-02-21

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1241 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. 310/2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Pushpa Joshi, learned senior advocate assisted by Ms. Nipush Mola Joshi, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present applicant Gurupreet Singh is in judicial custody in relation to FIR dated 13.11.2024, registered as FIR No. 0196 of 2024 at P.S. Nanakmatta, District Udham Singh Nagar wherein the present applicant has been implicated for the offences punishable under Sections 376, 504 and 506 IPC. 4. Learned senior advocate for the applicant submits that the applicant is innocent and has been falsely implicated, and true fact is that the applicant engaged with the prosecutrix on 07.03.2022, however, due to certain differences in between them, the present applicant refused to marry with the prosecutrix. Apart from this, learned counsel for the applicant submits that the investigation has already been concluded and the charge sheet has been filed on 10.01.2025, therefore, in such an eventuality, since charge sheet has been filed, there is no need of custodial interrogation of the present applicant. So far as the medical report is concerned, same is also annexed as Annexure 4. Learned senior advocate submits that even the medical report does not support the prosecution case. 2025:UHC:1241 5. Apart from this, learned senior advocate for the applicant submits that as per the allegations at the most this may be a case of false promise of marriage. 6. On the previous date, the State was directed to get written instructions and on the basis of the written instructions, Mr. Pal, learned A.G.A. has not disputed this fact that charge sheet has been filed. Apart from this, Mr. Pal, learned A.G.A. also fairly submits that there appears to be contradiction on the statements of the prosecutrix recorded under section 161 and 164 Cr.P.C. 7. Apart from this, Mr. Pal, learned A.G.A. submits that the applicant has no previous criminal history. 8. After hearing arguments of the learned counsel for the parties, and further taking into consideration that the investigation has already been completed and charge sheet has been filed and the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 10. Let the applicant ‘Gurupreet Singh’ be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 21.02.2025 Parul 2025:UHC:1241