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2025 DAILYLAW 5406 (UTT)

NEHA v. STATE OF UTTARAKHAND

BA1/680/2025 · 2025-05-14

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3913 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/680/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Ajeet Kumar Yadav, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned Dy. A.G. for the State. 3. Present applicant Neha is praying for regular bail in relation to FIR dated 07.10.2023 registered as FIR/Case Crime No. 431 of 2023 wherein the present applicant along with three others, namely, Himanshu, Sanjeet Sing Rana and Jatin were implicated for the offences punishable under Sections 328, 376D read with Section 107 IPC. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and she has no nexus with the alleged crime. He further submits that applicant is a woman and is languishing in jail since 28.03.2025 and, as such, she may be given benefit of proviso Section 437 Cr.P.C. 5. Ms. Pushpa Bhatt, learned Dy. A.G. seriously opposed the bail application by submitting that in this incident the main role is of the present applicant who is in fact neighbour of the victim. She further submits that after some months of the alleged crime the victim became pregnant and a child was also born and as per the DNA report one of the accused, namely, Sanjeet Singh Rana is shown to be a biological father of the new born child. She further submits that in fact this is a case of gang rape wherein the present applicant took a very active role, therefore, she does not deserve bail. 2025:UHC:3913 6. After hearing the arguments of the learned counsel for the parties and further taking into consideration seriousness of the allegation this Court is of the view that it is not a fit case for grant of bail. 7. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 14.05.2025 Parul