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2025 Supreme(Online)(UK) 1133
HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
Geeta Saini – Appellant
Versus
State – Respondent
BA1 No.1046 of 2025
For the Appellant: Mr. Prakash Upadhyay
For the Respondents: Ms. Pushpa Bhatt, Mr. Sandeep Sharma
Bail considerations must include the evidence's sufficiency and the individual's circumstances, including health.
Headnote:The applicant seeks regular bail concerning FIR No. 0071 of 2025 lodged for offenses punishable under various sections of Bhartiya Nyaya Sanhita, 2023. The applicant argues the absence of direct evidence and states her pregnancy status as a reason for bail. The court must consider the need for custodial interrogation. Ultimately, the decision on bail rests on the sufficiency of evidence and the circumstances presented.
| Table of Content |
|---|
| 1. bail considerations with health status. (Para 1) |
| 2. arguments against custodial interrogation. (Para 2) |
| 3. bail considerations based on evidence and personal circumstances. (Para 3 , 4 , 5) |
BA1 No.1046 of 2025 Hon’ble Rakesh Thapliyal, J.
SL. N o .
D a t e
1. Mr. Prakash Upadhyay, learned counsel for the applicant.
2. Ms. Pushpa Bhatt, learned AAG along with Mr. Sandeep Sharma, learned Brief Holder for the State.
3. Present applicant–Geeta Saini W/o Himanshu is seeking regular bail in relation to first information report dated 08.02.2025 bearing FIR No. 0071 of 2025, Police Station Patel Nagar, District Dehradun, which was lodged against some unknown person for the offence punishable under Section 140(3), after investigation, the charge-sheet has been filed against four persons, namely, Geeta Saini, Himanshu Kumar, Ajay Saini and Dharam Raj for the offences punishable under Sections 103(1), 140(1), 140(3), 238(a) read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023 .
4. It is submitted by learned counsel for the applicant that in this case, the charge- sheet has been filed against four persons including the present applicant and there is no direct evidence. Apart from this, he submits that the applicant’s husband is already in jail in relation in the said offence and the applicant is eight months’ pregnant and due date of her pregnancy is
19.06.2025.
5. He further submits that since the charge-sheet has already been filed and as such there is no need of custodial interrogation of the present applicant having no previous criminal history.
6. On the other side, Ms. Pushpa Bhatt,
