2025:UHC:2012 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/123/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Devesh Upreti, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant is in judicial custody since 17.05.2023 in relation to Case Crime No. 0029 of 2023 registered on the basis of FIR dated 17.05.2023 at Police Station – Kotwali Champawat, District – Champawat wherein present applicant has been implicated for the offences punishable under Sections 302, 201 IPC and under Section 3 (2) (v) of the SC / ST Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Learned counsel for the applicant further submits that since charge-sheet has already been filed, therefore, there is no need of custodial interrogation and there is no direct evidence against the applicant and applicant has no previous criminal history. 5. On the other side, learned AGA for the State submits that there is direct evidence against the applicant which is evident from the fact that on pointing out of the present applicant, dupatta and broken mobile of the victim were recovered. 6. In response to this, learned counsel for the applicant submits that recovery as shown on the pointing out of the applicant is hit by Section 27 of the Indian Evidence Act and is not admissible. 7. After hearing learned counsel for the parties and gone through the record filed along with bail applicant and counter affidavit and further without expressing any opinion on the merit of the case, this Court is of the view that applicant does not deserves for bail. Accordingly, bail application is rejected. (Rakesh Thapliyal, J.) 21.03.2025 SKS