Back
Next 
2025 Supreme(Online)(UK) 2148
HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
MANISH SAINI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
BA1 No. 644 of 2025
Advocates:
For the Appellants/Petitioners: Mrs. Shruti Joshi
For the Respondents: Mr. Himanshu Sain
For the Appellants/Petitioners: Mrs. Shruti Joshi
For the Respondents: Mr. Himanshu Sain
Consensual relationship and prolonged custody without need for further interrogation justified the granting of bail.
Headnote:(A) Criminal Procedure Code - Section 164 - Bail - The applicant seeks bail in connection with FIR No. 0391 of 2024, charged under Sections 376, 504, 506 r/w ¾ of POCSO Act - Claims of consensual relationship supported by victim's statement - The trial has commenced, and the applicant has been in custody since 28.02.2024 - No need for further custodial interrogation - Bail granted. (Paras 4-10)
(B) Factors for Granting Bail - Consideration of duration of incarceration, commencement of trial, and absence of need for further interrogation are crucial in determining the eligibility for bail. (Paras 8-9)
| 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 |
| H 1 BA1 No. 644 of 2025 on’ble Rakesh Thapliyal, J. . Mrs. Shruti Joshi, learned legal aid counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. The bail application has been moved on behalf of the applicant through the legal aid counsel. 4. The present applicant ‘Manish Saini’ S/o Satpal Saini is praying for bail in reference to First Information Report dated 30.12.2023 bearing FIR No. 0391 of 2024 P.S. Transit Camp, Rudrapur, District Udham Singh Nagar, wherein, the present applicant has been implicated and the chargesheet for the offence punishable under Sections 376, 504, 506 r/w ¾ of POCSO Act . 5. Learned counse for the applicant submits that the present applicant is languishing in jail since 28.02.2024 and the trial has already been commenced and the victim in her statement recorded under Section 164 of Cr.P.C. stated that whatever be the relation in between both of them are consensual and furthermore the medical of the victim was conducted after two months of the incident and not only this even the victim frequently visits the jail to meet the applicant however only due to the family pressure she does not admit the fact that the victim is in love with the applicant. 6. It is further argued that in fact this is an admitted fact that the applicant and the victim both of them were in love and in her statement recorded under Section 164 of Cr.P.C. the victim gives refrence of the incident of October, 2023. It is also further submitted that the present applicant already suffered long incarceration since he is languishing in jail since 28.02.2024 and the trial has already been commenced and as such there is no need of the custodial interrogation of the present applicant, therefore, the applicant be released on bail. 7. In support of the regular visit of the victim to the jail to meet the applicant the visitation record of the concerned jail is also annexed as Annexure-6. |
