Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8757 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1728/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Abhishek Verma, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. Present applicant
“Jitendra, son of Bhagirathipuri” is praying for regular bail in relation to First Information Report dated 11.10.2024 bearing FIR No. 294 of 2024, Police Station – ITI, District – Udham Singh Nagar wherein present applicant along with five others namely Sunesh, Rajendra, Sukhvinder, Sonawali and Naval Kishore were implicated. On completion of the investigation, charge sheet has been filed against the present applicant for the offence punishable under Section 64 (1) of BNS, 2023 and under Section 3/4 of the POCSO Act and under Section 9 of the Prohibition of Child Marriage Act,
2006. 4. Complainant is the brother of the victim and according to the complainant, present applicant married with the victim on 12.08.2024. On perusal of the FIR, it reveals that complainant’s elder sister Sunesh also married with elder brother of present applicant Rajendra. On close scrutiny of the FIR, it reveals that complainant’s elder and younger sister (victim) married in the same family. The FIR further reveals that the complainant also implicated his elder sister Sunesh, who is married with elder brother (Rajendra) of present applicant. 5. It also reveals from FIR that applicant’s parents, brother, real sister have also been implicated merely on the basis that when the marriage took place, victim was minor, since as per her mark sheet, her date of birth is 01.01.2008. 6. On perusal of the FIR, it appears that present FIR has been filed with some vested interest, since complainant has implicated also his real sister. 7. On the other side, Mr. Sandeep Sharma, learned AGA has apprised to this Court that as per FIR, applicant married with the sister of the informant but at the time of marriage, victim was minor but he has not disputed this fact that complainant has also
2025:UHC:8757 implicated his real sister in the FIR. He further apprise to this Court that charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and applicant is languishing in jail since
07.12.2024. 8.
After hearing the arguments of learned counsel for the parties and further taking into consideration that charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and applicant is languishing in jail since 07.12.2024, this Court is of the view that applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 10. Let the applicant
“Jitendra, son of Bhagirathipuri” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 26.09.2025 SKS
2025:UHC:8757