Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1230 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/54/2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Abhishek Verma,
learned counsel for the applicant.
2. Ms. Rangoli Purohit, learned Brief Holder for the State.
3. The present applicant Chandrapal is seeking bail in relation to FIR/Case Crime No. 294 of 2024, arising out of FIR dated 11.10.2024 registered at P.S. ITI District Udham Singh Nagar, which in fact lodged by the son of the applicant, wherein the present applicant has been implicated for the offence punishable under Section 10 and 11 of the Prohibition of Child Marriage Act, 2006 read with section 3/4 and 16/17 of the Protection of Children from Sexual Offences Act and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act
2015.
4.
Learned counsel for the applicant submits that in fact present applicant is the victim, and, his daughter Kajal who married with one Jitendra was being harassed by her husband and in-laws. Consequently, the FIR was lodged by his son against the husband of the daughter of the applicant and other family members.
5. It is submitted by the learned counsel for the applicant that the applicant has been implicated consequently during investigation only on the ground that at the time of marriage of his daughter, who was minor, the present applicant being
2025:UHC:1230 father of Ms. Kajal was present. He further submits that the prosecution has falsely implicated the present applicant without investigating the matter, though entire allegation, as alleged in the FIR, is against the husband of the daughter of the applicant and other family members who were indulged in harassing the daughter of the applicant.
6. Apart from this, learned counsel for the applicant submits that the applicant is languishing in jail since 07.12.2024 and has no criminal history. He further submits that there is no credible evidence against the present applicant.
7. Per contra, learned counsel for the State opposed the bail application on the ground that admittedly at the time of the marriage of the daughter, who was minor at that point of time, the present applicant was also present, however, she has not disputed this fact that in fact the FIR was lodged by the son of the applicant against family members and in-laws of the daughter of the applicant. She has also not disputed that the present applicant is the natural guardian of Ms. Kajal.
8. After hearing arguments of the
learned counsel for the parties and further taking into consideration that in fact the present applicant is the victim being father of the victim as per the FIR, therefore, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves for bail. Accordingly, the bail application is allowed.
9. Let the applicant “Chandrapal” be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to
2025:UHC:1230 the satisfaction of the court concerned.
10. The bail application is disposed of finally.
(Rakesh Thapliyal, J.)
20.02.2025 Parul
2025:UHC:1230