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 JUDGES’S ORDERS
20.03.2025
BAI No.2509 of 2024 Hon’ble Alok Mahra, J.
Mr. Kaushal Pandey, learned counsel for the applicant.
2. Mr. Deepak Bisht, learned Deputy Advocate General for the State.
3. Applicant- Rohit Kumar, who is in judicial custody in connection with FIR No. 258 of 2024, under Sections 137 (2), 87 Bhartiya Nyaya Sanhita (BNS), 2023, and 7/8 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Dineshpur, District Udham Singh Nagar has sought his release on bail.
4. Heard learned counsel for the parties and perused the material available on record.
5. Learned counsel for the applicant contends that the applicant is not named in the FIR; victim has not supported the prosecution story in the statement given before the Magistrate; there is no medical evidence as she refused to get herself medically examined; there is no independent witness of the incident; there is no previous criminal history of the applicant and during the investigation, Sections 137(2), 87 of Bhartiya Nyaya Sanhita, 2023 and Section 7/8 of POCSO Act has been added and the applicant is languishing in jail since 11.12.2024.
6. Per contra, learned Deputy Advocate General vehemently opposed the bail.
7. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that application deserves bail at this stage.
8. Accordingly the bail application is allowed.
9. Let the applicant, namely, Rohit Kumar be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.
(Alok Mahra, J.) 20.03.2025 Kaushal