Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3955 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/830/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Rajendra Singh Azad, learned counsel for the applicant though V.C.
2. Mr. Sandeep Sharma, learned Brief Holder for the State.
3. Present applicant-Shivani Saini, W/o Pranav Saini, is praying for regular bail in relation to the FIR dated 12.02.2025, registered as Case Crime No. 135 of 2025 at P.S. Manglaur District Haridwar wherein the present applicant along with her husband has been implicated for the offences punishable under Sections 316(5), 318(4), 61(2) of BNS 2023.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. He further submits that applicant is the house wife having one year child and she has no concern with the alleged offence. He further submits that applicant being a female is also entitled to get benefit of the provision of section 480 of BNSS
2023. Apart from this, he submits that the offences, as alleged, are triable by the Magistrate.
5. On the other side, Mr. Sandeep Sharma, learned A.G.A. submits that the main allegation is against the applicant however he has not disputed this fact that the applicant has no previous criminal history though there is one FIR against the husband of the present applicant with same nature of allegation.
6. After hearing the arguments of the
learned counsel for the parties and further taking into consideration that the applicant is a lady having one year child,
2025:UHC:3955 this Court is of the view that applicant deserves benefit of proviso to Section 480 BNSS 2023 and therefore she deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
8. Let the applicant Shivani Saini be released on bail on her executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
15.05.2025 Parul
2025:UHC:3955