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2025 DAILYLAW 5622 (UTT)

VIPIN SAXENA v. STATE OF UTTARAKHAND

BA1/703/2025 · 2025-04-25

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3076 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. 703 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Kaushal Pandey, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant Vipin Saxena S/o Rakesh Saxena is praying for regular bail in relation to First Information Report dated 05.01.2025 bearing FIR No. 03 of 2025, P.S. Pulbhatta, District Udham Singh Nagar, wherein, the present applicant has been implicated for the offences punishable under Sections 376 r/w 506 of IPC. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and he is aged about 25 years, whereas, the complainant victim is a married lady, aged about 36 years, having two children and there is inordinate delay in lodging the FIR since in the FIR she is alleged about and incident of the year of 2022. 5. Apart from this, he submits that only on the pretext of marriage the complainant is raising the allegation though she is already married. 6. Learned counsel for the applicant submits that there is also a matrimonial dispute in between the complainant and her husband and he submits that the chargesheet has already been filed and the applicant have no previous criminal history and there is no need of custodial interrogation. 7. On the other side, learned A.G.A. Mr. V.S. Pal on written instructions submits that the applicant have no previous criminal history and also admits this fact that the chargesheet has been filed and therefore, there is no need of custodial interrogation. 8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the chargesheet has been filed and therefore there is no need of custodial 2025:UHC:3076 interrogation, this court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10. Let the applicant ‘Vipin Saxena’ 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.) 25.04.2025 PR 2025:UHC:3076