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2025 DAILYLAW 6321 (UTT)

MANJU DEVI v. STATE OF UTTARAKHAND

BA1/792/2025 · 2025-07-03

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5796 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.792 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Kristan Sleeth, learned counsel for the applicant. 2. Mr. Sandeep Sharma and Mr. Pankaj Joshi, learned AGA for the State. 3. Present applicant–Manju Devi W/o Late Shri Rajendra Choudhary is seeking regular bail in relation to first information report dated 08.09.2024 bearing FIR No.0229 of 2025, Police Station Kotdwar, District Pauri Garhwal, three persons, namely, Satish Kumar, Rajkumar Bannerjee and one Deepak were implicated for the offence punishable under Section 420 of IPC, in which on completion of investigation the applicant has been charge-sheeted for the offence punishable under Sections 420, 467, 468, 411 read with Section 120-B IPC. 4. It is contended by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated, which is evident from the fact that the applicant is not named in the FIR. She further submits that the applicant is a widow since her husband died in the year 2011 and an illiterate lady having three children and she is not at all aware about any transactions. Apart from this, learned counsel for the applicant submits that the present applicant is languishing in jail since 24.03.2025 and the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant. 5. Learned counsel for the applicant further submits that the applicant is a female and the investigation has already been completed, therefore, being a lady, she may 2025:UHC:5796 be given privilege, as provided under Section 480 of the BNS, 2023. She further submits that the present applicant has no previous criminal history. 6. Learned State counsel also fairly submits that since the applicant is a female, therefore, the privilege in terms of Section 480 of the BNS, 2023 can be given to the applicant and also not disputed that the investigation against the applicant is already completed and the charge-sheet has already been filed, therefore, custodial interrogation of the present applicant is not required. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the investigation against the present applicant has already been concluded and the charge- sheet has already been filed, therefore, there is no need of custodial interrogation of the present applicant and being a female, she may be given the privilege in terms of Section 480 of the BNS, 2023, therefore, this Court is of the view that the present 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, Maju Devi, be released on bail, on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 10. It is made clear that grant of bail to the present applicant will not be treated as a precedent to the other co-accused since the applicant is being enlarged on bail by giving privilege in terms of under Section 480 of the BNS, 2023. (Rakesh Thapliyal, J.) 03.07.2025 R.Bisht 2025:UHC:5796