Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4978 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.1046 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Prakash Upadhyay,
learned counsel for the applicant.
2. Ms. Pushpa Bhatt, learned AAG along with Mr. Sandeep Sharma, learned Brief Holder for the State.
3. Present applicant–Geeta Saini W/o Himanshu is seeking regular bail in relation to first information report dated 08.02.2025 bearing FIR No. 0071 of 2025, Police Station Patel Nagar, District Dehradun, which was lodged against some unknown person for the offence punishable under Section 140(3), after investigation, the charge-sheet has been filed against four persons, namely, Geeta Saini, Himanshu Kumar, Ajay Saini and Dharam Raj for the offences punishable under Sections 103(1), 140(1), 140(3), 238(a) read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023.
4. It is submitted by learned counsel for the applicant that in this case, the charge- sheet has been filed against four persons including the present applicant and there is no direct evidence. Apart from this, he submits that the applicant’s husband is already in jail in relation in the said offence and the applicant is eight months’ pregnant and due date of her pregnancy is
19.06.2025.
5. He further submits that since the charge-sheet has already been filed and as such there is no need of custodial interrogation of the present applicant having no previous criminal history.
6. On the other side, Ms. Pushpa Bhatt,
2025:UHC:4978 learned AAG vehemently opposes the bail application by submitting that, as per prosecution, the applicant is the main accused and there is a motive also. She also submits that the applicant and her husband along with two associates committed the crime.
Apart from this, Mrs. Pushpa Bhatt, learned AAG fairly submits that keeping in view of the fact that the applicant is eight months’ pregnant and pregnancy is at advance stage, this aspect can be taken into
consideration for considering her bail application particularly when her husband is also in jail. The submission as advanced by Mrs. Pushpa Bhatt, learned AAG for the State is really appreciable to this extent that the applicant is pregnant and at her advance stage. Since the charge-sheet has already been filed and there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant is pregnant and her expected date of delivery is 19.06.2025 and the applicant’s husband is in jail, 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 present bail application is allowed.
8. Let the applicant, namely, Geeta Saini, be released on bail, on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 16.06.2025 R.Bisht
2025:UHC:4978