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2025 DAILYLAW 7630 (UTT)

NAKUL AGNI v. STATE OF UTTARAKHAND

BA1/1004/2025 · 2025-08-13

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7173 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1004/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. R.P. Nautiyal, learned Senior Advocate assisted by Mr. Pavan Kumar Nath, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Nakul Agni, S/o Rakesh Kumar Singh is praying for bail in relation to FIR dated 15.05.2025, bearing FIR No. 71 of 2025, registered at P.S. Kelakhera District U.S. Nagar wherein the present applicant has been implicated and charge sheeted for the offences punishable under Sections 376 and 506 IPC. 4. Learned Senior Advocate argued that the applicant is innocent and has been falsely implicated and is in judicial custody since 30.05.2025, and since charge sheet has already been filed, as such, there is no need of custodial interrogation of the applicant. Apart from this, he submits that in fact the relations in between the victim and the accused are consensual which is evident from the FIR itself as well as, as per the statement of the victim. He further submits that the applicant has no previous criminal history. He also argued that in fact there is major age difference in between the applicant and the victim since applicant at the time of the incident was 29 years old and the applicant was 23 years old. 5. On the other side, Mr. Sain, learned Brief Holder for the State has not disputed this fact that the charge sheet has already been filed and applicant has no previous criminal history and is 2025:UHC:7173 languishing in jail since 30.05.2025. 6. After hearing the arguments of the learned counsel for the parties and further taking into consideration that the charge sheet has already been filed and applicant is languishing in jail since 30.05.2025 and he has no previous criminal history this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant Nakul Agni be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 13.08.2025 Parul 2025:UHC:7173