Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 9643 (UTT)

DILEEP KUMAR v. STATE OF UTTARAKHAND

BA1/1357/2025 · 2025-08-05

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:6860 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.1357 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Soniya Chawla, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant–Dileep Kumar S/o Ramswaroop Kanpara is seeking regular bail in relation to first information report dated 16.01.2025 bearing FIR No.0016 of 2025, Police Station Haldwani, District Nainital, wherein the present applicant has been implicated for the offence punishable under Section 140(3) of BNS, 2023. 4. It is contended by learned counsel for the applicant that the applicant is languishing in jail since 21.01.2025 and in this FIR, on completion of the investigation, the charge-sheet has been filed and the applicant has been charge-sheeted for the offences punishable under Sections 137(2), 64(2)(m), 87 of BNS, 2023 read with Section 5(l)/6 of the POCSO Act. 5. It is further submitted by learned counsel for the applicant that the applicant is having no previous criminal history and the victim, in her examination in-chief, clearly stated that she is in love with the applicant. She also argued that though the victim was minor at the time of incident aged about 17 years’ old, but she was in love with the present applicant and the FIR has been lodged by the brother of the victim. 6. Learned counsel for the applicant also submits that the charge-sheet has already been filed and the trial has been commenced, therefore, at this juncture, there is no need of custodial interrogation of the present 2025:UHC:6860 applicant and as such, the applicant be enlarged on bail. 7. On the other side, Ms. Meenakshi Sharma, learned Brief Holder for the State also submits that the charge-sheet has already been filed and the trial has been commenced, therefore, there is no need of custodial interrogation of the present applicant. 8. After hearing the arguments as advanced by learned counsel for the applicant and further taking into consideration that the charge-sheet has already been filed and the trial has been commenced, and, furthermore, the present applicant is having no previous criminal history and is languishing in jail since 21.01.2025, this Court is of the view that the applicants deserve for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 10. Let the applicant, namely, Dileep 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.) 05.08.2025 R.Bisht 2025:UHC:6860