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2025 DAILYLAW 15487 (UTT)

AJAY v. STATE OF UTTARAKHAND

BA2/308/2025 · 2025-12-08

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:10893 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2/308/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Sudhir Kumar, learned counsel for the applicant. 2. Mr. Deepak Bhardwaj, learned Brief Holder for the State. 3. This is the second bail application moved on behalf of the applicant Ajay, S/o Ashok Singh praying for bail in reference to FIR dated 28.11.2024, bearing FIR No. 0578 of 2024 (S.S.T. No. 112 of 2025) registered at P.S. Jaspur District U.S. Nagar wherein the present applicant has been implicated and charge sheeted for the offences punishable under Sections 137(2), 87, 64(1) of BNS 2023 read with Section 5/6 of the POCSO Act. 4. First bail application was rejected on 18.03.2025. 5. Learned counsel for the applicant argued that in fact age of the victim was 16 years at the time of the incident and the applicant was 22 years old and both of them were of tender age and in love with each other. He submits that charge sheet has already been filed and the present applicant is languishing in jail since 26.12.2024 and already suffered long incarceration, though up till date only three prosecution witnesses have been examined and they are not fully support the case of the prosecution. 6. On the other side, Mr. Bhardwaj learned Brief Holder for the State has not disputed that charge sheet has already been filed and the applicant is languishing in jail since 26.12.2024 and up till date only three prosecution witnesses have been examined. 7. After hearing the arguments of the learned counsel for the parties and taking 2025:UHC:10893 into consideration that the present applicant is languishing in jail since 26.12.2024 and trial has already been commenced, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 9. Let the applicant Ajay 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. 10. It is made clear that after being released on bail the applicant shall join the trial court proceeding on each and every date without seeking unnecessary adjournment. (Rakesh Thapliyal, J.) 08.12.2025 Parul 2025:UHC:10893