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2025 DAILYLAW 10033 (UTT)

SURAJ v. STATE OF UTTARAKHAND

BA1/1446/2025 · 2025-08-13

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7166 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.1446 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Ms. Suraiya Naaz, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. Present applicant– Suraj S/o Jarnail Singh is seeking regular bail in relation to first information report dated 05.03.2025 bearing FIR No. 0028 of 2025, Police Station Kaladhungi, District Nainital, in which one Lucky Arya has been implicated for the offence punishable under Section 70(2), 115, 351(1) of BNS, 2023 and under Section 5(g)/6 of Protection of Children from Sexual Offences Act, 2012. 4. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated, which is evident from the fact that the present applicant is not named in the FIR, and, furthermore, the victim as well as the complainant both were declared hostile by the trial Court. 5. Learned counsel for the applicant further submits that the applicant is languishing in jail since 07.03.2025 and is having no previous criminal history and since the trial has already been commenced, therefore, keeping in view of the fact that the most star-witnesses victim and complainant have already been declared hostile by the trial Court the applicant be released on bail. 6. On the other side, Mr. Sandeep Sharma, learned AGA have not disputed this fact that the trial has already been commenced and the star-witnesses-victim and complainant have already been declared hostile. 7. After hearing the arguments as 2025:UHC:7166 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 07.03.2025, and, furthermore, the victim and the complainant (victim’s mother) have already been declared hospital, 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, Suraj, 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 2025:UHC:7166