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2025 DAILYLAW 8070 (UTT)

SEJAL GUPTA v. STATE OF UTTARAKHAND

BA1/1087/2025 · 2025-07-03

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5713 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. 1087 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Digvijay Singh Bisht, learned legal aid counsel for the applicant. 2. Mr. G.S. Sandhu, learned Additional Advocate General for the State. 3. Present applicant–Sejal Gupta D/o Shekhar Kashyap is in judicial custody since 25.03.2025 and seeking bail in relation to FIR/Case Crime No.0095 of 2025, registered on the basis of FIR dated 23.03.2025 at Police Station Kiccha, District Udham Singh Nagar, wherein the present applicant along with one Chhaya have been implicated for the offences punishable under Sections 4,5 and 7 of Immoral Traffic (Prevention) Act, 1956 (reconstructed SIT Act) & Section 143(2) of BNS 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated; there is no recovery from the present applicant. Apart from this, he submits that the present applicant has no previous criminal history and she always cooperates with the investigation. 5. Apart from this, learned counsel for the applicant also submits that the present applicant is languishing in jail since 25.03.2025 and she is a female, therefore, she may granted privilege in terms of Section 480 of BNS, 2023. 6. On the other side, Mr. G.S. Sandhu, learned Additional Advocate General for the State, has not disputed this fact that the applicant has no previous criminal 2025:UHC:5713 history, however, he submits that the investigation is still going on and if the applicant is enlarged on bail, she can influence the investigation. 7. After hearing the arguments, as advanced by learned counsel for the parties and further taking into consideration that the applicant has no previous criminal history, she is a female, this Court is of the view that the applicant deserves to be enlarged on bail. 8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 9. Let the applicant, namely, Sejal Gupta, 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. 10. It is made clear that after being released on bail, if the applicant is found to be indulged in future in any such activity, the respondent - State shall be at liberty to seek cancellation of bail granted to her by this Court. (Rakesh Thapliyal, J.) 03.07.2025 PR 2025:UHC:5713