Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 568 (UTT)

ROHIT VISHWAS v. STATE OF UTTARAKHAND

BA1/2511/2025 · 2026-07-10

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010208082025 BA1/2511/2025 Rohit Vishwas --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Karan Singh Dugtal, learned counsel for the applicant. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vijay Khanduri, learned Brief Holder for the State. 3. The present applicant ‘Rohit Vishwas’ S/o Vishwajeet Vishwas is praying for bail in a reference to First Information Report dated 08.06.2025 bearing FIR No. 0170 of 2025 P.S. Sitarganj, District Udham Singh Nagar, wherein, he has been implicated for the offences punishable under sections 137(2), 65(1), 87 of BNS, 2023 r/w section ¾ of POCSO Act. 4. It is argued by the learned counsel for the applicant that the present applicant is languishing in jail since 10.06.2025 and charge-sheet has already been filed and there is no need of further interrogation. He further submits that infact the applicant was in love with the victim, who was minor, which is evident from her statement under section 183 of BNSS, 2023, and even then they were married. He submits that since the present applicant suffered prolonged incarceration, therefore, he may be enlarged on bail. 5. On the other side, Mr. Bhaskar Chandra Joshi, learned A.G.A. have not disputed about their love affair, which is evident from the statement of the victim recorded under section 183 of BNSS, 2023, and he has also not disputed that the charge-sheet has already been filed and therefore there is no need of further interrogation; however, he submits that the marriage in between the applicant and the victim cannot be accepted since on the date of their alleged married, as per the statement of the victim recorded under section 183 of BNSS, 2023, she was minor. 6. After hearing the rival submissions of learned counsel for the parties and taking into consideration that the applicant is languishing in jail since 10.06.2025 and is a young age of 22 years and the charge-sheet has already been filed, therefore, this court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant ‘Rohit Vishwas’ be enlarged on bail on furnishing his personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail the applicant shall join the trial court proceeding on each and every date without seeking any unnecessary adjournment. 10. It is further made clear that after being released on bail the applicant shall not make any attempt to give any threatening to the victim and her family members. (Rakesh Thapliyal, J.) 10.07.2026 PR