2025:UHC:9660 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1698/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Vikas Pande, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Santosh Kumar, S/o Madan Bhagat is praying for bail in reference to FIR dated 26.12.2024, bearing FIR/Case Crime No. 78 of 2024 registered at P.S. Jajardeval, District Pithoragarh wherein the present applicant has been implicated for the offences punishable under Section 376(2)(i)(n) of BNS 2023 read with Section 5(j)(ii)(l) and 6 of the POCSO Act. 4. It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated and other co-accused Birbal Mall, though, was not named in the FIR has already been enlarged on bail. He further submits that as per the medical the victim was minor but from her statement it appears that the relations in between both of them were consensual. He further submits that charge sheet has already been filed and the present applicant is languishing in jail since 27.12.2024, and since, charge sheet has already been filed, as such, there is no need of custodial interrogation of the applicant. 5. On the other side, Mr. Sain, learned Brief Holder for the State has not disputed this fact that charge sheet has already been filed and the present applicant is languishing in jail since 27.12.2024. He has also no disputed that the other co- accused has already been enlarged on bail. 6. After hearing the arguments of the learned counsel for the parties and taking 2025:UHC:9660 into consideration that charge sheet has already been filed, and present applicant is languishing in jail since 27.12.2024 and furthermore other co-accused has already been enlarged on bail, this Court is of the view that the present 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 Santosh Kumar 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.) 31.10.2025 Parul 2025:UHC:9660