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2025 DAILYLAW 9126 (UTT)

SACHIN KUMAR v. STATE OF UTTARAKHAND

BA1/1249/2025 · 2025-07-17

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6228 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1249/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned Addl. Advocate General for the State. 3. Present applicant “Sachin Kumar, son of Shri Subhash”, is praying for regular bail in relation to First Information Report dated 08.10.2024 bearing FIR No. 1002 of 2024, Police Station – Laksar, District – Haridwar wherein present applicant has been implicated for the offence punishable under Section 137 (2) of BNS, 2023 and on completion of the investigation, charge sheet has been filed for the offences punishable under Sections 137 (2), 64 (2) (m) of BNS, 2023 read with Section 5 (l) / 6 of the POCSO Act. 4. It is argued by learned counsel for the applicant that after filing of the charge sheet, trial has been commenced and during trial, the victim has been declared hostile by the trial court on 23.06.2025. He further submits that family members of the applicant and victim are agreed for their marriage in terms of settlement arrived at between them on 25.06.2025 is placed on record as Annexure No. 5. 5. On the other side, learned Addl. Advocate General has not disputed this fact that the victim has been declared hostile and parents of both the parties have decided to marry them and since the trial has already been commenced, therefore, there is no need of custodial interrogation of the applicant. 6. After hearing the arguments of learned counsel for the parties and further taking into the consideration that victim is declared hostile by the trial court and trial has already been commenced, and as such, there is no need of custodial interrogation of the applicant, therefore, this Court is of the view that the applicant deserves for bail. 2025:UHC:6228 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant “Sachin Kumar, son of Shri Subhash”, 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.) 17.07.2025. SKS