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2025 DAILYLAW 5464 (UTT)

MOHD SAHIR v. STATE OF UTTARAKHAND

BA2/80/2025 · 2025-04-28

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3186 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2/80/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Rajat Mittal, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate and Mr. Himanshu Sain, learned counsel for the State. 3. This is a second bail application. First bail application was rejected by this Court on 21.02.2025. 4. Present applicant is praying for regular bail in relation to FIR dated 18.11.2024 bearing FIR No. 0326 of 2024, registered at Police Station – Sahaspur, District – Dehradun wherein applicant has been implicated for the offences punishable under Section 96, 137 (2) BNS. 5. Learned counsel for the applicant submits that while rejecting the first bail application, this fact could not be brought into the knowledge of this Court that charge-sheet has already been filed on 16.01.2025. 6. Apart from this, he submits that since the charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant. He further submits that applicant was shown to be arrested from Khijrabad Bus Station whereas the victim in her statement recorded under Section 183 BNSS, 2023 stated that applicant was arrested from Jammu Railway Station. 7. On the previous date, learned State Counsel was directed to get instructions in the matter. Today, learned State Counsel on instructions, submits that the distance between Khijrabad Bus Station and Jammu Railway Station is 699 Km. 8. Learned counsel for the applicant submits that there is no allegation with regard to rape and even the mother of the victim refused for medical examination of the victim. 9. After hearing learned counsel for the parties and further taking into consideration that since the charge-sheet has already been filed, therefore, 2025:UHC:3186 there is no need of custodial interrogation of the applicant, this Court is of the view that applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, second bail application is allowed. 10. Let the applicant “Mohd. Sahir” be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 28.04.2025. SKS