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2026 DAILYLAW 4627 (UTT)

LALU ALIAS SUNIL v. STATE OF UTTARAKHAND

BA1/551/2026 · 2026-05-08

Ashish Naithani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS 2026:UHC:3533 BA 1 st No.5 5 1 of 2 0 2 6 Lalu @ Sunil ……Applicant Vs. State of Uttarakhand ..…Respondent Hon ’ble Ash ish Nait h an i, J. Mr. Mayank Joshi, learned legal aid counsel for the Applicant. 2. Mr. Chitrarth Kandpal, learned Brief Holder, for the State of Uttarakhand. 3. In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant – Lalu @ Sunil, who has been accused in FIR No.0048 of 2025, under Section 64 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Kotwali Tanakpur, District Champawat. 4. As per the prosecution story mentioned in the FIR, it is alleged that on 04.05.2025, the Applicant administered some intoxicating/sedative substance to the victim and her husband through food, and thereafter allegedly took the victim to a nearby jungle area and committed rape upon her. 5. Learned counsel for the Applicant for the consideration of the bail submits that the Applicant has falsely been implicated in the present matter and the Applicant is in judicial custody since 11.05.2025. He further submits that the statement of the victim recorded under Section 183 of BNSS, is materially inconsistent with the version given in the FIR. He further submits that the statement of the husband of the victim (PW-4) recorded is in direct contradiction with the statement of the victim. Therefore, learned counsel for the Applicant prays that the Applicant may be enlarged on bail. 6. Bail application of the Applicant has been vehemently opposed by the learned State Counsel. 7. Considering the overall facts and circumstances of the case, the Applicant has made out a case for bail. 8. Accordingly, bail application is allowed. It is directed that the Applicant - Lalu @ Sunil, who has been accused in FIR No.0048 of 2025, under Section 64 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Kotwali Tanakpur, District Champawat, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him. ( Ash ish Nait h an i, J.) 08.05.2026 Nitesh/