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2025 DAILYLAW 1077 (UTT)

VIVEK KATARIYA v. STATE OF UTTARAKHAND

BA1/46/2025 · 2025-03-25

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2201 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/46/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Deep Chandra Joshi and Mr. Pankaj Semwal, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned A.G.A. for the State. 3. Present applicant-Vivek Katariya is praying for regular bail in relation to FIR dated 22.03.2024, registered as FIR No. 0185 of 2024 at P.S. Kotwali Roorkee District Haridwar wherein the present applicant has been implicated for the offences punishable under Sections 376(3), 376(2)(n), 504 and 506 IPC read with Sections 3A, 4(2), 5j(ii), 5j(iii), 6 of the POCSO Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated, and furthermore, the applicant has no previous criminal history and at the time of the alleged incident the applicant as well as the victim were at the tender age, though, victim was minor and both were in love with each other. Apart from this, he submits that charge sheet has already been filed and therefore, there is no need of custodial interrogation of the applicant. 5. Learned counsel for the applicant further submits that it is a case of false implication. 6. On the other side, learned counsel for the State opposed the bail application by saying that after collecting credible evidence charge sheet has been filed, however, he has not disputed this fact that there is no need of custodial 2025:UHC:2201 interrogation and the applicant has no previous criminal history. 7. After hearing the arguments of the learned counsel for the parties, this Court is of the view that since the charge sheet has already been filed and there is no need of custodial interrogation, and furthermore the applicant is languishing in jail since 13.06.2024, 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 bail application is allowed. 9. Let the applicant Vivek Katariya be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 25.03.2025 Parul 2025:UHC:2201