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2025 DAILYLAW 5710 (UTT)

RANJIT KUMAR v. STATE OF UTTARAKHAND

BA1/699/2025 · 2025-06-25

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5387 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. 699 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Abhishek Anthwal, learned counsel, assisted by Mr. Ankit Bisht, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA for the State. 3. Present applicant–Ranjit Kumar S/o Shri Kamlesh Kumar is seeking regular bail in relation to first information report dated 17.02.2024 bearing FIR No.0125 of 2024, Police Station Patel Nagar, District Dehradun, which was lodged against unknown person for the offence punishable under Section 5(m)/6 and Section 376 in which the applicant has been charge sheeted for the offences punishable under Section 376 IPC read with Section 5(m)(l)/6 of the POCSO Act. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated, which is evident from the fact that in respect of the offence punishable under Section 376 of POCSO Act, the FIR has been lodged against unknown person since the victim has not disclosed the name of the applicant though she disclosed the involvement of two person, but only the applicant has been charge-sheeted. Apart from this, he submits that the applicant is languishing in jail since 18.02.2024 and the trial has yet not been concluded, and, furthermore, the applicant has no previous criminal history. 5. Learned counsel for the applicant further submits that since the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant. 2025:UHC:5387 6. On the other side, Mr. Siddhartha Bisht, learned AGA for the State has not disputed this fact that the charge-sheet has already been filed and the present applicant is languishing in jail since 18.02.2024. He has also not disputed this fact that the present applicant has no previous criminal history. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the present applicant is languishing in jail since 18.02.2024 and he has no previous criminal history and the charge-sheet has already been filed and as such, there is no need of custodial interrogation of the present applicant, 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 present bail application is allowed. 9. Let the applicant, namely, Ranjit Kumar, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 25.06.2025 R.Bisht 2025:UHC:5387