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2025 Supreme(Online)(UK) 2035

HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
Sanjeev Kumar – Appellant
Versus
State of Uttarakhand – Respondent
BA No. 941 of 2025



Advocates:
For the Appellants/Petitioners: Rajveer Singh
For the Respondents: Himanshu Sain

In bail applications post charge-sheet filing, custodial interrogation is not justified, and personal liberty is paramount.

Headnote:(A) BNS, 2023 - Sections 64(2)(m), 87, 137(2) and POCSO Act - Bail application - Applicant charged with offences under BNS, 2023, alleges false implication - Court considers age of applicant and victim and the relationship between them - Detains no previous criminal history and decision to release on bail made without merit opinion - Bail granted with conditions. (Paras 1-10)

(B) Custodial interrogation - Not warranted post charge-sheet filing as personal liberty valued.

Facts of the case:
The applicant is accused under BNS, 2023 and has been in custody since 08.12.2024; bail granted based on no previous history and fact that charge-sheet was filed.

Findings of Court:
Bail granted with the satisfaction of personal bond and sureties.

Issues: Validity of arrest and need for custodial interrogation.

Ratio Decidendi: No custodial interrogation needed as charge-sheet filed, respects personal liberty and stages of investigation.

Result: Bail application allowed.

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 .9 4 1 o f 2 0 2 5 Hon’ble Rakesh Thapliyal, J. . Mr. Rajveer Singh, learned counsel for the applicant, through V.C. Mr. Himanshu Sain, learned Brief 2. Holder for the State. 3. Present applicant–Sanjeev Kumar S/o Balbeer Singh is seeking regular bail in relation to first information report dated 01.10.2024 bearing FIR No.0476 of 2024, Police Station Bahadarabad, District Haridwar, which was lodged against unknown person for the offence punishable under Section 137 of the BNS, 2023 . During investigation, the applicant was arrested on 08.12.2024, and, thereafter, the charge-sheet was filed on 03.02.2025, wherein the present applicant is charge-sheeted for the offences punishable under Sections 6 4(2)(m), 87, 137(2) of BNS, 2023 read with Section 5(l)/6 of the POCSO Act . Learned counsel for the applicant 4. submits that the present applicant is innocent and has been falsely implicated and, in fact, at the time of incident, both the applicant and the victim were at a tender age though the victim was minor and as per the report, she was about 16-17 years and the applicant at the time of incident was about 20 years’ old. 5. After gone through the record, it appears that the applicant and the victim were in love with each other, which she admits in her statement recorded under Section 183 BNS, 2023 and not only this, she also stated that the applicant married with the victim. 6. It is also contended by learned counsel
for the applicant that the charge-sheet has already been filed and as such there is no need of custodial interrogation of the present applicant. 7. On the other side, Mr. Himanshu Sain, State also learned Brief Holder for the submits that the charge-sheet has already been filed and the applicant has no previous criminal history and is languishing in jail since 08.12.2024. After hearing the arguments as 8. advanced by learned counsel for the applicant and further taking into consideration that the charge-sheet has already been filed and the present applicant is languishing in jail since 08.12.2024, this Court is of the view that the applicants deserve for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 10. Let the applicant, namely, Sanjeev Kumar, 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.) 30.07.2025 R.Bisht

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