2025:UHC:2517 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/60/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. V.S. Chauhan, learned counsel for the applicant. 2. Mr. Siddharth Bisht, learned A.G.A. and Mr. Himanshu Sain, learned Brief Holder for the State. 3. Mr. Ram Nivas Singh Rana, learned counsel for the complainant through V.C. 4. Present applicant-Birampal, S/o Raghuveer is praying for regular bail in relation to FIR dated 22.09.2024, registered as FIR No. 248 of 2024 at P.S. Khanpur District Haridwar wherein the present applicant has been implicated for the offences punishable under Sections 351(2), 64(2)(f) and 65(1) of BNS read with Section 5(n)/6 of the POCSO Act. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and is a senior citizen aged about 64 years. He submits that false allegation has been alleged in the FIR, as the present applicant and the complainant belongs to same village and there was some dispute with regard to theft in between the applicant and the complainant, who is the father of the victim. Apart from this, he submits that this a case of malicious prosecution which is evident from the fact that the FIR talks about the earlier incident with regard to the commission of rape with the minor daughter of the complainant but no such complaint was ever been lodged with regard to such an offence. 6. Learned counsel for the applicant submits that with mala fide intention the 2025:UHC:2517 applicant has been implicated. Apart from this, he submits that even the medical report does not support the case of the prosecution and as per the Doctor’s opinion no definite opinion regarding rape can be given despite this, in a very hurried manner charge sheet has been filed. 7. On the other hand, Mr. Siddharth Bisht, learned A.G.A. for the State vehemently opposed the bail application by saying that victim supports the case of the prosecution in view of her statement recorded under Section 164 Cr.P.C., and, furthermore, though, no definite opinion regarding rape has been given by the Doctor but since the victim supports the case of the prosecution, therefore charge sheet has been filed. Apart from this, he fairly submits that charge sheet has already been filed, therefore, at this stage there is no need of custodial interrogation. 8. After hearing the arguments of the learned counsel for the parties and further taking into consideration that the charge sheet has already been filed, this Court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 10. Let the applicant ‘Birampal’ 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.) 04.04.2025 Parul 2025:UHC:2517