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2025 DAILYLAW 12317 (UTT)

LAKKY ARYA v. STATE OF UTTARAKHAND

BA1/1937/2025 · 2025-10-15

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9247 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1937/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. T.P. S. Takuli, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Lakky Arya, S/o Bachi Ram is praying for bail in relation to FIR dated 05.03.2025, bearing FIR No. 0028 of 2025 registered at P.S. Kaladhungi, District Nainital wherein the present applicant has been implicated and charge sheeted for the offences punishable under Section 64(2), 351(1) of BNS 2023 read with Section 3/4 of POCSO Act. 4. It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated which is evident from the fact that the victim as well as her mother has been declared hostile. He further submits that the other co-accused Anuj Pal, Suraj and Akram have already been enlarged on bail. Apart from this, he submits that the applicant has no previous criminal history and the applicant is languishing in jail since 18.03.2025. 5. On the other side, Mr. Sain, learned Brief Holder for the State has not disputed this fact that the victim and her mother have been declared hostile and furthermore, other co-accused have been enlarged on bail and the applicant has no previous criminal history. 6. After hearing the arguments of the learned counsel for the parties and taking into consideration that the trial has already been commenced and other co- accused have already been enlarged on bail and the victim and her mother has been declared hostile, this Court is of the view that the applicant deserves for bail. 2025:UHC:9247 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant Lakky Arya 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.) 15.10.2025 Parul 2025:UHC:9247