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2025 DAILYLAW 1408 (UTT)

AJAY v. STATE OF UTTARAKHAND

BA1/84/2025 · 2025-03-18

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1831 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/84/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Shariq Khurshid, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant-Ajay who is in judicial custody is seeking bail in relation to Case Crime No. 578 of 2024, wherein the applicant has been implicated for the offence punishable under Sections 137(2), 87, 64(1) of BNS read with Section 5/6 of POCSO Act registered at P.S. Jaspur, District Udham Singh Nagar. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, and, in fact, the victim has not supported the case of the prosecution as per her statement recorded under Section 161 and 164 Cr.P.C. He further submits that there is no independent witness, and, in fact, the victim was in love with the applicant. 5. Per contra, Mr. V.S. Pal, learned A.G.A. for the state submits that at the time of the incident victim was minor and her date of birth is 09.08.2009, and the victim was missing on 27.11.2024, and thereafter she was recovered from the possession of the applicant after a month. 6. After hearing the arguments of learned counsel for the parties and further taking into consideration that the victim was recovered from the possession of the applicant, this Court is not inclined to grant bail to the present applicant. 7. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 18.03.2025 Parul 2025:UHC:1831