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2025 DAILYLAW 8650 (UTT)

SANJAY KUMAR ALIAS SUNNY v. STATE OF UTTARAKHAND

BA1/1178/2025 · 2025-08-13

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7148 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1178/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant “Sanjay Kumar @ Sunny, son of Jai Bhagwan Das,” is praying for regular bail in relation to First Information Report dated 07.05.2024 bearing FIR No. 0148 of 2024, Police Station – Khanpur, District – Haridwar wherein present applicant has been implicated for the offences punishable under Section 363, 366, 376 (2) (n) IPC and under Section 5(l) / 6 of the POCSO Act. 4. It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and applicant is languishing in jail since 30.06.2024 and since the charge sheet has already been filed on 15.08.2024, therefore, there is no need of custodial interrogation of the applicant. He further submits that applicant and victim known to each other since last 5 – 6 years and they were in love with each other and the victim in her statement stated that she married with the applicant in a temple. He further submits that though applicant was major at the time of incident and the victim though minor aged but 17 years old and the applicant suffered long incarceration of more than one year and applicant has no previous criminal history therefore the applicant be released on bail. 5. On the other side, Mr. Sandeep Sharma, learned AGA, have not disputed this fact that the charge sheet has already been filed and applicant is languishing in jail since last more than one year and the victim in her statement recorded under Section 164 Cr.P.C. admitted that she married with the applicant and applicant has no previous criminal history. 6. After hearing the arguments of learned 2025:UHC:7148 counsel for the parties and further taking into consideration that since the charge sheet has already been filed, and, as such, there is no need of custodial interrogation of the applicant and applicant is languishing in jail since 30.06.2024 and applicant 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 “Sanjay Kumar @ Sunny, son of Jai Bhagwan Das,” 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.) 13.08.2025 SKS 2025:UHC:7148