Extracted from the PDF above. The PDF is authoritative.
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BAI No.1828 of 2024 Hon’ble Alok Mahra, J.
Mr. Rajat Mittal, learned counsel for the applicant.
2. Mr. Akshay Latwal, learned AGA for the State.
3. Applicant-Dhanveer, who is in judicial custody in connection with Case Crime/FIR No. 01 of 2024, under Sections 376(3), 506 of IPC & Sections 5 (tha)/6 of POCSO Act, registered at Police Station Revenue Area Bhandroli, Chakrata, District Dehradun, has sought his release on bail.
4. Heard
learned counsel for the parties and perused the material available on record.
5. As per the FIR dated 13.05.2024, lodged by the father of the victim with the allegation that the accused has committed rape on the victim on 10.05.2024, which was witnessed by the complainant as well as her elder daughter; that, said act of the applicant was informed to his family members, however, they threatened the complainant to kill and also the applicant had prepared an obscene video of the victim.
6.
Learned counsel for the applicant would submit that the alleged incident took place on 10.05.2024, while the FIR was lodged on 13.05.2024 after three days of the incident; that, the applicant
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has been falsely implicated in the case; that, the applicant is languishing in jail since 15.05.2024; that, the father of the victim as well as elder sister of the victim, who were said to be the witnesses of the incident, which happened on 10.05.2025, have totally denied the veracity of the incident; that, as per the statement of the father of the victim, he was not the eye-witness of the incident and told about the incident to him by his wife; that, as per statement of WP-2 elder sister of the victim, in her statement she deposed before the Court that the accused never physically assaulted the victim in front of her and the victim told her about the said incident.
7.
Learned counsel for the applicant would further submit that as per the statement of the Doctor, she was not able to give any definite opinion about the physical assault of the applicant; that, as per the medical report no internal and external injuries were found on the body of the victim; that, there is no chance of absconding, therefore, the applicant may be released on bail.
8. Learned State Counsel vehemently opposed the bail application and would submit that as per the statement of the victim recorded under Sections 161 and 164 of Cr.P.C., has supported the prosecution story; that, the victim was about 14 years of age at the time of incident.
9. In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this
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Court is of the view that this is a fit case for bail at this stage.
10. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
(Alok Mahra, J.)
11.07.2025 BS
BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2ea cbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE518 5F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.07.14 18:24:18 +05'30'