Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 6270 (UTT)

AMAN MANOLA v. STATE OF UTTARAKHAND

BA1/781/2025 · 2025-07-02

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5618 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. 781 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Amar Murti Shukla, learned counsel along with Ms. Lata Negi, learned counsel for the applicant. 2. Mr. N.S. Kanyal, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Aman Manola S/o Shri Rajendra Singh is seeking regular bail in relation to first information report dated 06.03.2025 bearing FIR No.0002 of 2025, Police Station Askot, District Pitthoragarh, wherein the present applicant has been implicated for the offence punishable under Section 137(2) of the BNS, 2023. After investigation, the charge-sheet has been filed for the offence punishable under Section 64 read with Section 137(2) of the BNS, 2023 and 3/4 of the POCSO Act. 4. It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated, and, furthermore, the applicant and the victim were in love with each other and want to get marry. 5. He further submits that the charge- sheet has been filed in a very mechanical manner only on the basis that the victim was minor at the time of incident. He also submits that even the family members of both the applicant and the victim are agreed for their marriage and an agreement dated 26.04.2025 entered in between the father of the applicant, namely, Rajendra Singh and the father of the victim, namely, Raghuwar Singh, which is also placed on record. 2025:UHC:5618 6. Apart from this, he submits that the investigation has already been completed, therefore, at this juncture, there is no need of custodial interrogation of the present applicant. 7. On the other side, learned State counsel have not disputed this fact that though the charge-sheet has already been filed, but it appears that the applicant and the victim were known to each other, which is also evident from the fact that now the family members of both the applicant and the victim are agreed for their marriage, therefore, at this juncture, there is no any justification for detaining the applicant in jail. 8. The parents of both the applicant and the victim are also present in the Court. This Court interacts with both of them. They stated that they are agreed for their marriage. 9. Mr. Amar Murti Shukla, learned counsel for the applicant identified the father of the applicant, namely, Rajendra Singh and the father of the victim, namely, Raghuwar Singh through their ADHAAR Cards. 10. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that since the family members of both the applicant as well as the victim are agreed for their marriage, and, furthermore, there is no further requirement of custodial interrogation of the present applicant, since the charge-sheet has already been filed, therefore, this Court is of the view that the applicant deserves for bail. 11. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 2025:UHC:5618 12. Let the applicant, namely, Aman Manola, 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.) 02.07.2025 R.Bisht