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2025 DAILYLAW 4348 (UTT)

ARUN KUMAR v. STATE OF UTTARAKHAND

BA1/503/2025 · 2025-03-25

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2161 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/503/2025 Hon'ble Rakesh Thapliyal, J. 1. Ms. Gyan Mati Kushwaha, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant Arun Kumar, S/o Harishchandra is praying for regular bail in relation to FIR dated 24.09.2024 bearing FIR No. 0481 of 2024 registered at P.S.SIDCUL District Haridwar wherein the applicant has been implicated for the offences punishable under Section 137(2), 64(2)(M), 65(1) of BNS read with Section 5(tha)/6 of the POCSO Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated by the complainant who is the father of the victim. She further submits that in a very cursory and mechanical manner charge sheet has been filed which is evident from the fact that, as per the Aadhar Card, date of birth of the victim is 01.01.2006, and, as such she was major, despite this merely on the basis of the letter of the Principal of the Institution where the victim studied, which was issued on 31.01.2024 the victim was treated to be minor, though, as a matter of fact her date of birth is 01.01.2006 as per the Aadhar Card. 5. Apart from this, she submits that even the victim does not support the case of the prosecution and what she has stated in her statement recorded under Section 183 BNSS that she was in love with the applicant since last two years and both belongs to same village and 2025:UHC:2161 thereafter both of them were got married on 02.08.2024 in Arya Samaj Sansthan Prayagraj, District Prayagraj and in the marriage certificate also date of birth of the victim is recorded as 01.01.2006 copy of which is enclosed as Annexrure 6. 6. Mr V.S. Pal, learned A.G.A. for the State submits that after thorough investigation charge sheet has been filed but he fairly submits that since charge sheet has been filed, therefore, there is no need of custodial interrogation of the applicant. 7. After hearing arguments of the learned counsel for the parties and further taking into consideration that charge sheet has already been filed and there is no need of custodial interrogation of the applicant, this Court is of the view that the applicant deserves for bail. 8. Accordingly without expressing any opinion on the merits of the case, the bail application is allowed. 9. Let the applicant Arun Kumar 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.) 25.03.2025 Parul 2025:UHC:2161