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2025 DAILYLAW 7455 (UTT)

DEEPAK SINGH ALIAS DIPPU v. STATE OF UTTARAKHAND

BA1/976/2025 · 2025-07-31

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6739 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/976/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Vipul Sharma, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocates for the State. 3. Present applicant ‘Deepak Singh alias Dippu son of Shri Rae Singh,’ is praying for regular bail in relation to First Information Report dated 12.01.2025 bearing FIR No. 01 of 2025, Revenue Police Station Dhunsir, District – Tehri Garhwal wherein present applicant has been implicated and charge-sheeted for the offences punishable under Section 354 (d), 376, 504, 506 IPC. 4. Learned counsel for the applicant submits that applicant was arrested in the said crime on 07.02.2025 and thereafter, charge sheet was filed on 08.03.2025 and as such, there is no need of custodial interrogation. He submits that the applicant is a married person and victim is also a married and a divorce suit has been filed by the husband of the victim on the ground of adultery in which applicant is also arrayed as one of the defendant. He further submits that there is a delay of 9 months in lodging the FIR and there is no explanation for delay and the applicant has no previous criminal history. 5. On the other side, Mr. Siddharath Bisht, learned AGA for the State have not disputed this fact that charge sheet has already been filed and both the applicant and victim are married. 6. After hearing the learned counsel for the parties and taking into consideration the fact that since the charge sheet has already been filed, therefore, there is no need of custodial interrogation and applicant has no previous criminal history and is languishing in jail since 07.02.2025, therefore, this Court is of the view that applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail 2025:UHC:6739 application is allowed. 8. Let the applicant ‘’Deepak Singh alias Dippu son of Shri Rae Singh,’’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail the applicant in any manner will not come in contact with the victim and her husband and join the trial court proceeding on each and every date without any unnecessary adjournment failing which, the prosecution is free to proceed for cancellation of bail. (Rakesh Thapliyal, J.) 31.07.2025. SKS