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HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
Sumit Saini – Appellant
Versus
State – Respondent
BA 1 No.1448 of 2025
SL. N o .
D a t e
Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s o r d i r e ct i o n s a n d Re g i st r a r ’ s o r d e r w i t h Si g n a t u r e s
COURT’ S OR JUD GE’ S ORD ERS
1 BA 1 N o .1 4 4 8 o f 2 0 2 5 Hon’ble Rakesh Thapliyal, J. Mr. Saurabh Kumar Pandey, learned . counsel for the applicant. 2. Mr. Sandeep Sharma, learned AAG for the State. 3. Present applicant– Sumit Saini S/o Mahendra Singh is seeking regular bail in relation to first information report dated 11.02.2025 bearing FIR No. 0054 of 2025, Police Station Kotwali Roorkee, District Haridwar, wherein the present applicant has been implicated for the offences punishable under Sections 123 , 126(2), 64(2)(m) read with Section 74 of BNS, 2023 and 66(E) and 67 of the Information Technology (Amendment) Act, 2008 . 4. It is argued by learned counsel for the applicant that the applicant is in judicial custody since 17.02.2025 and has been falsely implicated, which is evident from the fact that the victim herself refused to go with the medical examination and there is no any medical report, and, furthermore, the victim was declared hostile by the trial Court and her statement recorded under Section 183 BNSS, 2023 is also enclosed as Annexure No.6, on perusal of which, it reveals that the the case of the victim has not supported prosecution. Apart from this, he submits that since 5. the trial has already been commenced and the applicant is languishing in jail since 17.02.2025 and is having no criminal history, therefore, the applicant be enlarged on bail. 6. Mr. Sandeep Sharma, learned AGA for the State have not disputed this fact that the trial has already been commenced and there
is no medical report since the victim herself refused to go with medical examination, furthermore, the victim has already been declared hostile by the trial Court. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the trial has already been commenced and the applicant is languishing in jail since 17.02.2025, and, furthermore, the applicant is having no previous criminal history, 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 instant bail application is allowed. 9. Let the applicant, namely, Sumit Saini, 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.) 13.08.2025 R.Bisht
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