Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9661 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1711/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Piyush Garg, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant Gautam @ Ilu, S/o Kishna is praying for bail in reference to FIR dated 07.11.2024, bearing FIR No. 0879 of 2024 registered at P.S. Kotwali Haridwar, District Haridwar wherein the present applicant along with three others, namely, Vineet Verma, Vaibhav Pant and Priyanshu have been implicated and charge sheeted for the offences punishable under Sections 323, 376(2)(n), 384, 504, 506 IPC and under Section 5(l)/6 of the POCSO Act.
4. It is contended by the learned counsel for the applicant that, in fact, present applicant was in love with the victim and only to make out a case under the POCSO Act, the reference of the incident of 2022 has been given in FIR. It is further submitted that at the time of the lodging of the FIR the victim was major and relations in between the victim and the applicant were consensual. Apart from this, it is submitted that the present applicant is languishing in jail since 09.11.2024, and, since, charge sheet has already been filed, as such, there is no need of custodial interrogation of the present applicant. He also submits that other three co-accused, namely, Priyanshu @ Krish Thakur, Vineet Verma and Vaibhav Pant have been granted bail and the trial has already been commenced, therefore, there is no need of further custody of the present applicant.
5. On the other side, Mr. Sain, learned Brief Holder for the State has not disputed
2025:UHC:9661 this fact that charge sheet has already been filed and trial has been commenced and the present applicant is languishing in jail since 09.11.2024.
6. After hearing the arguments of the
learned counsel for the parties and taking into consideration that charge sheet has already been filed, and present applicant is languishing in jail since 09.11.2024 and further the trial has already been commenced, 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 Gautam @ Ilu 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:9661