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2025 DAILYLAW 9935 (UTT)

RAKHI ALIAS RAJ v. STATE OF UTTARAKHAND

BA1/1424/2025 · 2025-08-08

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:6979 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1424/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Himanshu Pal, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned AGA for the State. 3. The present applicant ‘’Rakhi (female) @ Raj, daughter of Shri Kaval Sigh,” is praying for bail in relation to First Information Report dated 03.04.2025 bearing FIR No. 0142 of 2025, Police Station – Bahadrabad, District – Haridwar wherein, the present applicant has been implicated for the offence 137 (2) BNS, 2023. 4. Learned counsel for the applicant submits that after investigation, charge sheet has been filed for the offences punishable under Section 137 (2) of BNS, 2023 and under Section 3B/4, 5 (L)/6 of the POCSO Act. 5. It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and in fact, victim and applicant are close friend and both of them are female and they have consensual relationship, however, family members of both the applicant and the victim disapproved their relationship. He further argued that in fact, on 30.03.2025, victim and applicant voluntarily left their house and solemnized marriage at local temple, as per their mutual will and consent and both of them are of same gender, which was not accepted by parents of victim. He further submits that victim herself admitted such relationship when victim was medically examined by the doctor. He further submits that since the charge sheet has already been filed, therefore, there is no need of custodial interrogation and applicant is languishing in jail since 08.05.2025 and has no previous criminal history. 6. On the other side, Mr. Pankaj Joshi, learned AGA have not disputed this fact that the charge- sheet has already been filed, therefore, there is no need of the custodial interrogation of the present 2025:UHC:6979 applicant and applicant is languishing in jail since 08.05.2025. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the charge-sheet against the present applicant has already been filed and furthermore, the applicant has no previous criminal history and applicant is languishing in jail since 08.05.2025, 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 bail application is allowed. 9. Let the applicant ‘Rakhi (female) @ Raj, daughter of Shri Kaval Sigh,’ be released on bail on furnishing her personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 08.08.2025 SKS 2025:UHC:6979