PAWAN RAJBHAR ALIAS PAWAN KUMAR v. STATE OF UTTARAKHAND
BA1/1292/2025 · 2025-07-23
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9332 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9332 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6472 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. 1292 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Kandpal, learned counsel along with Mr. Ravi Joshi, learned counsel for the applicant appears through V.C.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant–Pawan Rajbhar alias Pawan Kumar S/o Mithil Rajbhar is seeking regular bail in relation to first information report dated 20.03.2025, bearing FIR No. 0087 of 2025, Police Station Kiccha, District Udham Singh Nagar, wherein the present applicant has been implicated for the offence punishable under Section 137(2) of BNS, 2023 in which on completion of the investigation, the charge-sheet has been filed for the offences punishable under Sections 137(2), 87 and 64 of BNS, 2023 read with Section 5/6 of the POCSO Act, 2012.
4. It is contended by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated and in fact both the applicant and the victim were in love with each other and both of them are married and this fact has also been corroborated by the victim in her statement recorded under Section 183 of the BNSS,
2023. Apart from this, he submits that though the victim was, at the time of incident, was minor aged about 17 years’ but at the time of incident, the applicant was also though major, but of a tender age.
5.
Learned counsel for the applicant also submits that on completion of the investigation, the charge-sheet has been filed on 20.05.2025, therefore, at this juncture, the custodial interrogation of the present applicant is not required and the applicant
2025:UHC:6472 has no previous criminal history.
6. On the other side, Mr. Himanshu Sain, learned Brief Holder for the State have not disputed this fact that the charge-sheet has already been filed on 20.05.2025, therefore, there is no need of custodial interrogation of the present applicant and the 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 the custodial interrogation of the present applicant is not at all required and the applicant has no previous criminal history, 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, “Pawan Rajbhar alias Pawan 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.) 23.07.2025 R.Bisht
2025:UHC:6472