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2025 DAILYLAW 12515 (UTT)

AJAY v. STATE OF UTTARAKHAND

BA1/1965/2025 · 2025-10-16

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 1965 of 2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Mohd. Safdar, learned counsel for the applicant. 2. Mr. Deepak Bhardwaj, learned Brief Holder for the State. 3. Present applicant Ajay, S/o Shyam Prasad is praying for bail in relation to FIR dated 02.03.2025, bearing FIR No. 0077 of 2025, registered at P.S. Piran Kaliyar, District Haridwar, wherein the present applicant along with 11 other persons have been implicated and charge sheeted for the offences punishable under Sections 144, 64 of BNS 2023 read with Section 3/4 and 16/17 of POCSO Act and under Section 3, 5, 6, 7 of the Immoral Traffic (Prevention) Act. 4. It is contended by the learned counsel for the applicant that the applicant is innocent and is languishing in jail since 03.03.2025, and the charge sheet has already been filed, and, as such, there is no need of custodial interrogation of the applicant. He further submits that the victim has not disclosed the name of the applicant in her statement recorded under Section 183 of BNS 2023, and, even as per the case of the prosecution the main accused is Mustaffa who is still in jail. Apart from this, he submits that co- accused Sagar has already been enlarged on bail and the same role has been assigned to the present applicant, and, therefore, he claims benefit of parity of co- accused Sagar. 5. On the other side, Mr. Bhardwaj, learned Brief Holder for the State has not disputed this fact that the charge sheet has already been filed and the present applicant has no previous criminal history and other co-accused, Sagar has already been enlarged on bail and the role assigned to the present applicant is similar to the co-accused Sagar. 6. After hearing the arguments of the learned counsel for the parties, and further taking into consideration that charge sheet has already been filed, and other co-accused Sagar has already been enlarged on bail and same role has been assigned to the present applicant, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant “Ajay” 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.) 16.10.2025 Parul