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2025 DAILYLAW 7959 (UTT)

SUDEEP KUMAR v. STATE OF UTTARAKHAND

BA1/1068/2025 · 2025-06-23

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5255 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1068/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Yogesh Upadhyay, learned counsel for the applicant. 2. Mr. V.S. Pal and Mr. N.S. Kanyal, learned AGA for the State. 3. Present applicant–Sudeep Kumar S/o Shri Vishesh Kumar is seeking regular bail in relation to first information report dated 18.04.2025 bearing FIR No.0157 of 2025, Police Station Kashipur, District Udham Singh Nagar, wherein the present applicant along with Sanjeev Kumar and Sachin have been implicated for the offences punishable under Sections 16, 17 and 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. After completion of the investigation, the charge-sheet has been filed for the offence punishable under Section 5/6 of the POCSO Act and 64 of the BNS, 2023 against the present applicant. 4. It is submitted by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated. 5. It is argued that the victim, in her statement, denied the allegations against the present applicant, despite this, in every casual manner, the charge-sheet has been filed without collecting any credible evidences. Apart from this, it is submitted that the other co-accused, namely, Sanjeev Kumar and the other co-accused, who was juvenile, namely, Sachin have already been enlarged on bail, and as such, there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant has no previous criminal history. 6. On the other side, Mrs. Pushpa Bhatt, learned AAG have not disputed that the charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the present applicant and the other co- 2025:UHC:5255 accused have already been enlarged on bail and also has not disputed this fact that the present applicant has no previous criminal history. 7. 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 as such there is no need of custodial interrogation of the present applicant, 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 present bail application is allowed. 9. Let the applicant, namely, Sudeep 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. (Rakesh Thapliyal, J.) 23.06.2025 R.Bisht 2025:UHC:5255