2025:UHC:9639 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1447/2025 BA1/827/2025 BA1/1548/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Sajjad Ahmad, Mr. Mohd. Umar, Mr. Abhishek Verma, Mr. Lalit Sharma and Ms. Suraiya Naaz learned counsel for the applicant. 2. Mr. V. S. Pal, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. All these three bail applications have been moved by the applicants “Rajesh Kumar Sonkar, son of late Lal Chandra Sonkar, Dharmendra Kumar, son of Yashpal and Devendra Kumar, son of Shri Phool Chandra” praying for bail in relation to FIR dated 17.08.2024 bearing FIR No. 517 of 2024, Police Station – Patel Nagar, District Dehradun lodged by Digamber Singh Chauhan against unknown persons for the offences punishable under Section 5 (g) read with Section 6 of the POCSO Act and under Section 70 of BNS, 2023. 4. Learned counsel for the applicants argued that present case is glaring example of false implication, which is evident from the fact that alleged incident, as shown in the FIR was of 13.08.2024 at 03.43 a.m. whereas FIR has been lodged after four days i.e. on 17.08.2024. They further submits that all the applicants were arrested on 19.08.2024 by showing it to be gang rape though as per medical report, there is no any sign of injury on the body of the victim. 5. On perusal of the medical report, it appears that there is no internal and external injury on the body of the victim. 6. By giving reference of this injury report, learned counsel for the applicants submits that even medical report does not support the case of the prosecution. He further submits that charge sheet has been filed in a very causal manner though there is great contradictions on the statement of the victim, who in every stage 2025:UHC:9639 changed her version with regard to place of occurrence. Learned counsel for the applicants further argued that applicants are languishing in jail since 19.08.2024 and charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicants and as such, applicants be released on bail. It is further argued that in fact, as per own version of the victim, she is married, therefore, there is serious doubt on the age of the victim and furthermore, applicants have no previous criminal history. 7. On the other side, learned A.G.A. Mr. V.S. Pal, have vehemently opposed the bail applications by submitting that during TIP all these accused were identified by the victim and even, as per forensic report, semen of three accused namely Dharmendra Kumar, Rajpal and Rajesh Kumar Sonkar were found on the clothes of the victim, however, he has not disputed that applicants are languishing in jail since 19.08.2024 and charge sheet has already been filed on 05.09.2024 and trial is going on, therefore, there is no need of custodial interrogation of the applicants and applicants have no previous criminal history. 8. With regard to the forensic report, learned counsel for the applicants submits that merely on the ground of forensic report, which is subject matter of trial, at this stage, bail cannot be denied. 9. After hearing the arguments of learned counsel for the parties and further taking into consideration that the applicants are languishing in jail since 19.08.2024 and charge sheet has already been filed on 05.09.2024 and applicants have no previous criminal history and prima facie, there are contradictions on the statement of the victim, this Court is of the view that the applicants deserve for bail. 10. Accordingly, without expressing any opinion on the merit of the case all the bail applications are allowed. 11. Let the applicants “Rajesh Kumar Sonkar, son of late Lal Chandra Sonkar, Dharmendra Kumar, son of Yashpal and Devendra Kumar, son of Shri Phool Chandra” be released on bail on furnishing their personal bond and two sureties, 2025:UHC:9639 by each of them, each of the like amount to the satisfaction of the court concerned. 12. It is made clear that after being released on bail, applicants shall join the trial proceedings on each and every date and shall not seek any unnecessary adjournment, failing which the trial court shall be at liberty to take appropriate legal action against the applicants including for cancellation of bail. (Rakesh Thapliyal, J.) 31.10.2025 SKS