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2025 DAILYLAW 6598 (UTT)

SANJEEV KUMAR v. STATE OF UTTARAKHAND

BA1/823/2025 · 2025-06-03

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4428 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. 823 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Abhishek Verma, 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 ‘Sanjeev Kumar’ is praying for regular bail in relation to First Information Report dated 18.04.2025 bearing FIR No. 0157 of 2025 P.S. Kashipur, District Udham Singh Nagar, wherein, the present applicant along with one Sachin and Sudeep Kumar were implicated for the offences punishable under Sections 16, 17and 5/6 of POCSO Act read with Section 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, and Section 143 of BNS, 2023 at P.S. Kashipur, District Udham Singh Nagar. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and there is no any evidence, which constitute an offence against the applicant. 5. Apart from this, he submits that even the victims in their statements have not disclosed the name of the applicant rather they disclosed the name of one Sachin, the another co-accused. He further submits that the applicant is the owner of the Cafe and have no concern with the alleged incident. 6. On the other side, learned State counsel on written instructions apprise this court that the victim have not disclosed the name of the applicant, however, he submits that the investigation is still going on. Further, on written instructions he submits that the applicant has no previous criminal history. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the applicant’s name have not disclosed by any of the victim and furthermore 2025:UHC:4428 keeping in view of the applicant that the applicant has no previous criminal history, 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 bail application is allowed. 9. Let the applicant ‘Sanjeev Kumar’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 10. Granting of bail to the present applicant will not be treated as a precedent in respect of other co- accused. (Rakesh Thapliyal, J.) 03.06.2025 PR 2025:UHC:4428 2025:UHC:4428