Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2203 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/94/2025
Hon'ble Rakesh Thapliyal, J.
1. Ms. Pushpa Joshi, learned Senior Advocate assisted by Mr. Rohit , learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned A.G.A. for the State.
3. Present applicant-Shakul Nabi is praying for regular bail in relation to FIR dated 04.11.2024, registered as FIR No. 148 of 2024 at P.S. Kelakhera, District Udham Singh Nagar wherein the present applicant and one Rupa (wife of the present applicant) have been implicated for the offences punishable under Sections 143 of BNS read with Sections 3/4/5/6/7 of Immoral Trafficking Act read with Section 5/6 of the POCSO Act.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated which is evident from the fact that in the FIR the applicant and his wife have been implicated but after completion of investigation wife has been exonerated. Apart from this learned counsel submits that present applicant is languishing in jail since 09.11.2024, and charge sheet has already been filed, therefore, there is no need of custodial interrogation. It is further submitted that there is no independent witness and there are contradictions in the statement of the victim recorded under Section 180 and 183 of BNS.
5. On the other side, learned A.G.A. submits that after collecting all credible evidence charge sheet was filed and, furthermore, he submits that it is wrong
2025:UHC:2203 to say that wife of the applicant has been exonerated, in fact, she is absconding and NBW has been issued against her. Apart from this, he submits that the applicant has a criminal history of the similar nature.
6. After hearing arguments of the
learned counsel for the parties, and after gone through the records and further taking into
consideration that the applicant has a criminal history of the similar nature and the wife, who is also associated with the offence, which is evident from the FIR, is still absconding and NBW has been issued against her, this Court is of the view that it is not a fit case for grant of bail.
7. Accordingly, the bail application is rejected.
(Rakesh Thapliyal, J.)
25.03.2025 Parul
2025:UHC:2203