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2025 DAILYLAW 5488 (UTT)

SAGAR KUMAR v. STATE OF UTTARAKHAND

BA1/684/2025 · 2025-05-20

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4201 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. 684 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Sagar Kumar’ S/o Naubahar is languishing in jail since 25.09.2024 in relation to First Information Report dated 11.09.2024 bearing FIR No. 0244 of 2024 P.S. Khanpur, District Haridwar, wherein, the present applicant along with one Babli has been implicated for the offences punishable under Section 137(2) of BNS, 2023. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated, which is evident from the fact that in the FIR other person namely Babli W/o Somdutt were also implicated but during investigation she was exonerated and the charge sheet has been filed only against the present applicant for the offences punishable under Sections 137(2), 64(2)(f), 65(1) of BNS, 2023 and Section 5(n)/6 of the POCSO Act. 5. Learned counsel for the applicant submits that the charge sheet has already been filed and there is no need of custodial interrogation and furthermore the victim was examined as PW1 on 04.03.2025 and she has been declared hostile. 6. On the other side, learned Brief Holder have not disputed this fact that the charge sheet has been filed and the victim herself has declared hostile on 04.03.2025. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the trial has already been commenced and as such there is no need of custodial interrogation and the victim has been declared hostile, this court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 2025:UHC:4201 9. Let the applicant ‘Sagar Kumar’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 20.05.2025 PR