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2025 DAILYLAW 10600 (UTT)

ANKUSH v. STATE OF UTTARAKHAND

BA1/1553/2025 · 2025-08-27

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7615 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 27th AUGUST, 2025 FIRST BAIL APPLICATION NO. 1553 of 2025 Ankush .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Pankaj Kumar Sharma, Advocate. Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Ankush is in judicial custody for the offence under Sections 64(2)(m), 65(1), 87, 137(2) of the Bharatiya Nyaya Sanhita, 2023, Section 3(a) read with Section 4(2) and Section 5(1) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No.733 of 2024, registered at Police Station Manglaur, District Haridwar. 2. Heard Mr. Pankaj Kumar Sharma, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent. 3. Mr. Pankaj Kumar Sharma, Advocate, submitted that the alleged victim, aged about 14 years (PW1) and the mother of the victim (PW2-informant) have not supported the case of the prosecution. Applicant has no criminal antecedents. He is a permanent resident of District 1 2025:UHC:7615 Muzaffarnagar, Uttar Pradesh, therefore, there is no possibility of his absconding, and, he is in judicial custody since 08.09.2024. 4. Mr. Deepak Bhardwaj, Brief Holder, has opposed the bail application. However, he conceded that the victim and the informant have not supported the case of the prosecution. 5. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage. 6. The Bail Application is allowed. 7. Let the applicant-Ankush 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. ___________________ ALOK KUMAR VERMA, J. Dt:27.08.2025 Shiv/ 2