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2025 DAILYLAW 3815 (UTT)

SUNIL KUMAR ALIAS GUDDU v. STATE OF UTTARAKHAND

BA1/432/2025 · 2025-04-02

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2409 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.432 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Shailabh Pandey, learned counsel for the applicant appears through V.C. 2. Mr. Sandeep Sharma, learned Brief Holder for the State. 3. Present applicant–Sunil Kumar alias Guddu is in judicial custody since 30.06.2024 and seeking bail in relation to the First Information Report dated 28.06.2024 bearing FIR No.321 of 2024, Police Station Jaspur, District Udham Singh Nagar, which was lodged for the offence punishable under Section 365 of IPC against unknown persons. After investigation in this FIR, the charge-sheet has been filed. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. 5. Learned counsel for the applicant further submits that though the victim was 16 years old at the time of incident, but as per the prosecution, at that time, she was 17 years old and there was love affair in between the applicant and the victim and on 23.06.2024, both of them got married in a temple. 6. He also submits that the victim, in her statement recorded under Section 164 Cr.P.C., denied the case of the prosecution. 7. On the previous date, the State counsel was directed to get instruction in the matter, and, today, Mr. Sandeep Sharma, learned Brief Holder for the State 2025:UHC:2409 apprises to this Court that the charge- sheet has already been filed against the applicant for the offences punishable under Sections 363, 366A and 376 IPC read with Section 5/6 of the POCSO and he fairly submits that since the charge- sheet has already been filed, there is no need of custodial interrogation of the present applicant. 8. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and there is no need of custodial interrogation of the present applicant and the applicant is languishing in jail since 30.06.2024, this Court is of the view that the applicant deserves to be enlarged on bail. 9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 10. Let the applicant, namely, Sunil Kumar alias Guddu, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 02.04.2025 R.Bisht 2025:UHC:2409