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SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
BA 1 st No. 4 5 8 of 2 0 2 6 Asif
……Applicant Vs. State of Uttarakhand
..…Respondent Hon ’ble Ash ish Nait h an i, J.
Ms. Pushpa Joshi, learned senior counsel assisted by Ms. Nipush Mola Joshi, learned counsel for the Applicant. 2. Mr. Pradeep Lohani, learned AGA, for the State of Uttarakhand. 3. The present Bail Application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant, who has been accused in FIR No.428 of 2025, punishable under Sections 64(1), 351(2), 352 of BNS, 2023, and under Sections 5/6 of the POCSO Act registered at Thana- Bazpur, District-Udham Singh Nagar. 4. Learned Senior counsel for the Applicant submits for the consideration of the bail that the Applicant and the prosecutrix are in love relation with each other. Learned Senior counsel further submits that the prosecutrix pressured the Applicant to take him with her and the prosecutrix has also stated that she is ready to live rest of her life with the Applicant. 5. Learned counsel for the Applicant further submits that the prosecutrix has turned hostile and has not supported the State story. The Applicant has no criminal history. 6. Learned State Counsel has objected the bail application of the present Applicant. 7. At this juncture, considering the overall facts and circumstances of the case, that the co-accused persons were
exonerated as no evidence was found against them and also considering the contradiction observed in the statement of the prosecutrtix under section 180 and 183 BNSS, this court finds that the present applicant namely- Asif should be enlarged on bail. 8. Accordingly, bail application is allowed. It is directed that the Applicant– Asif, who has been accused in FIR No.428 of 2025, punishable under Sections 64(1), 352, 351(2) of BNS, an under Section 5/6 of POCSO Act at Thana- Bazpur, District Udham Singh Nagar, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court.
The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him. ( Ash ish Nait h an i, J.)
11.05.2026 Anand/