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2025 DAILYLAW 5843 (UTT)

SAGAR v. STATE OF UTTARAKHAND

BA1/736/2025 · 2025-07-01

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5560 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. 736 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. A.M. Saklani, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Sagar’ is praying for regular bail in relation to First Information Report dated 09.01.2025 bearing FIR No. 19 of 2025 P.S. Sidcul, District Haridwar, which was lodged and registered for the offence punishable under Section 37 of BNS, 2023 against unknown person for missing of the sister of the complainant since 06.01.2025. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and he was arrested in the said crime on 13.01.2025 and thereafter on completion of the investigation the chargesheet has been filed on 12.03.2025 for the offences punishable under Sections 137(2), 65(1) of BNS, 2023 read with Section 3(a)/4(2) of POCSO Act. 5. Apart from this, he submits that though at the time of incident victim was 15 years of age and the applicant was also at tender age of 19 years but she refused to go with the medical examination, which is evident from the Medico- Legal Report annexed as Annexure-3 to the bail application. He further submits that the victim though stated that she married with the applicant but infact no such marriage was solemnized and the entire allegation are baseless and false. 6. On the other side, Mr. Siddhartha Singh Bisht, learned A.G.A. submits that the victim in her statement recorded under Section 183 of BNSS, 2023, admits about the physical relation and also stated that on 08.01.2025 both of them married in Temple. Undisputedly, both the applicant and the victim belongs to the different religion and the learned counsel for the applicant submits that the 2025:UHC:5560 statement of the victim that the applicant married with the victim cannot be accepted and believed since there was no any statement of the victim with regard to the conversion of religion. 7. Apart from this, Mr. Siddhartha Singh Bisht, learned A.G.A. have not disputed this fact that the chargesheet has already been filed and as such there is no need of the custodial interrogation of the present applicant. 8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the chargesheet has already been filed and as such there is no need of the custodial interrogation of the present applicant, therefore, 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 ‘Sagar’ 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.) 01.07.2025 PR 2025:UHC:5560