Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7594 (UTT)

SAGAR KUMAR v. STATE OF UTTARAKHAND

BA1/1003/2025 · 2025-08-05

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:6870 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.1003 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Akram Parvez, learned Legal Aid counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Sagar Kumar S/o Shri Pramod is seeking regular bail in relation to first information report dated 17.02.2022 bearing FIR No.0081 of 2022, Police Station Kotwali Haridwar, District Haridwar, wherein the present applicant has been implicated for the offence punishable under Section 363 of IPC, 1860. 4. It is contended by learned counsel for the applicant that on completion of the investigation, the applicant has been charge- sheeted for the offences punishable under Sections 363, 366-A, 376(2)(ii) of IPC read with Section 3(A)/4(2), 5(l)/6 of POCSO Act. 5. The present bail application has been moved through a legal aid counsel who argued that the charge-sheet was filed on 28.05.2022, and, thereafter, the trial has been commenced and the present applicant is languishing in jail since 31.03.2022. Apart from this, he submits that, in fact, the victim though was minor at the time of the incident about 13 years but the applicant was also of a tender age and both of them were in love with each other. 6. He further submits that since the investigation has been completed and the charge-sheet has been filed and the trial is also commenced, therefore, at this juncture, there is no need of custodial interrogation of the present applicant and as such, taking into consideration that the present applicant 2025:UHC:6870 already suffered long incarceration since he is languishing in jail since 31.03.2022, the applicant be enlarged on bail. 7. On the other side, Mr. Himanshu Sain, learned Brief Holder have not disputed this fact that the present applicant is languishing in jail since 31.03.2022 and the charge-sheet has already been filed and the trial is also commenced, and as such, there is no need of custodial interrogation of the present applicant. 8. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and the trial is also commenced and as such, there is no need of custodial interrogation of the present applicant and the present applicant is languishing in jail since 31.03.2022, this Court is of the view that the applicant deserve for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 10. Let the applicant, namely, Sagar Kumar, 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. 11. It is made clear that after being released on bail the applicant shall join proceeding of trial Court on each and every date without seeking unnecessary adjournment failing which trial Court will proceed for cancellation of bail. (Rakesh Thapliyal, J.) 05.08.2025 R.Bisht 2025:UHC:6870