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2025 DAILYLAW 8252 (UTT)

KARANPAL v. STATE OF UTTARAKHAND

BA1/1121/2025 · 2025-06-26

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5428 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. 1121 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. The present applicant ‘Karanpal’ is praying for regular bail in relation to First Information Report dated 08.02.2025 bearing FIR No. 0045 of 2025 P.S. Transit Camp, District Udham Singh Nagar, which was lodged for the offence punishable under Section 140(3) of BNS, 2023 with the allegation that the minor daughter of the complainant is missing since 31.01.2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and infact the applicant and the victim was in love with each other and both of them have decided to marry and this fact has been admitted by the victim in her statement recorded under Section 183 of BNSS, 2023. 5. He further submits that the FIR has been lodged by the father of the victim that too after the delay of 8 days, since as per the FIR the daughter of the complainant was missing since 31.01.2025 whereas the FIR was lodged on 08.02.2025. He further submits that the chargesheet has already been filed against the present applicant for the offences punishable under Sections 64, 87, 137(2) of BNS, 2023 r/w 5/6 of POCSO Act and as such the applicant is not required for custodial interrogation and the present applicant is languishing in jail since 04.03.2025. 6. Apart from this, he submits that the applicant has no previous criminal history. 7. On the other side, learned State counsel have not disputed this fact that the chargesheet has already been filed and as such there is no need of the custodial interrogation of the present applicant. He further submits that the victim admits this fact that she married with the 2025:UHC:5428 applicant. 8. After hearing the arguments of learned counsel for the parties and after gone through the FIR and the statement of the victim and furthermore keeping in view of the fact that the chargesheet has already been filed and as such there is no need of the custodial interrogation of the present applicant, this court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10. Let the applicant ‘Karanpal’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 26.06.2025 PR 2025:UHC:5428