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2026 DAILYLAW 8907 (UTT)

AVINASH v. STATE OF UTTARAKHAND

ABA/628/2025 · 2026-07-27

Alok Mahra

body2026

Judgment text

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UKHC010081862025 2026:UHC:6407 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA/628/2025 Avinash --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J. Mr. Tapan Singh, learned counsel for the applicant. Mr. R.K. Joshi, learned A.G.A. for the State of Uttarakhand. 2. By means of the present application, the applicant seeks the grant of anticipatory bail in connection with F.I.R. No. 92 of 2025, registered at Police Station Kankhal, District Haridwar, for the offences punishable under Section 137(2) of Bharatiya Nyaya Sanhita, 2023 (under Sections 87/64 (2) (m) of B.N.S. and Section 5(L)/6 of POCSO Act added during investigation). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that a Coordinate Bench of this Court, vide order dated 11.06.2025, granted interim anticipatory bail to the applicant and, in compliance with the conditions stipulated therein, the applicant has duly cooperated with the investigation as and when called upon by the Investigating Officer. Furthermore, the investigation has since been concluded and the charge-sheet has already been filed before the competent Court. 4. Learned counsel for the applicant further contends that no material has been brought on record by the prosecution to demonstrate that the UKHC010081862025 2026:UHC:6407 custodial interrogation of the applicant is either necessary or warranted at this stage. It is, therefore, prayed that the interim anticipatory bail granted to the applicant be confirmed and made absolute. 5. Learned State Counsel has no objection to the said prayer. 6. Having heard learned counsel for the parties, perused the material available on record, and considered the rival submissions, this Court finds that the applicant has remained protected by virtue of the interim order dated 11.06.2025 and has duly complied with the conditions incorporated therein by extending full cooperation during the course of the investigation. The investigation has culminated in the submission of the charge-sheet before the competent Court. No material has been placed before this Court to indicate that the applicant has misused the liberty granted to her or has failed to cooperate with the investigating agency. It is also not the case of the prosecution that the custodial interrogation of the applicant is required at this stage. Having regard to the nature of the allegations, the stage of the proceedings, the conduct of the applicant during the period of interim protection, and the facts and circumstances of the case, and without expressing any opinion on the merits of the prosecution case, this Court is of the considered opinion that the applicant has made out a fit case for confirmation of the interim anticipatory bail granted earlier. 7. Consequently, the interim anticipatory bail granted to the applicant vide order dated 11.06.2025 is hereby confirmed and made absolute. The applicant shall remain on anticipatory bail on the same terms and conditions UKHC010081862025 2026:UHC:6407 as contained in the aforesaid order and shall continue to cooperate with the trial proceedings. It shall also be open to the learned trial Court to impose such further conditions, if considered necessary, in accordance with law. 8. Accordingly, the Anticipatory Bail Application stands allowed. (Alok Mahra, J.) 27-07-2026 SB SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd 40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283 D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.27 18:30:21 +05'30'