Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1247 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1 No. 122 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Akshay Pradhan, learned counsel for the applicant.
2. Mrs. Rangoli Purohit, learned Brief Holder for the State.
3. The present applicant “Amit Kumar” is seeking bail in relation to First Information Report dated 19.09.2024 bearing FIR No. 395 of 2024 P.S. Jhabrera, District Haridwar, wherein, the present applicant is implicated for the offence punishable under Section 64(1) r/w Section 87 of BNS, 2023.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated by the complainant. He further submits that the prosecutrix, who was major, herself refused to go with the medical examination and before the Doctor she admits that whatever be the relation developed between the applicant and the prosecutrix that was on her consent.
5. Apart from this, learned counsel for the applicant submits that the applicant have no previous criminal history.
6. On the other side, learned Brief Holder for the State vehemently opposed the bail application by submitting that the prosecutrix have not denied the allegations while submitting the chargesheet even in her statement recorded under Section 164 of Cr.P.C. However, learned State counsel has not disputed this fact that the prosecutrix refused to go with the medical examination.
7. Apart from this, learned Brief Holder for the State also submits that the chargesheet has also been filed; however, while submitting the chargesheet the applicant have been chargesheeted only for the offence punishable under Section 69 of BNS, 2023.
8. After hearing the arguments of the learned counsel for the parties and further taking into
consideration that the applicant have no previous criminal history and the chargesheet has been filed
2025:UHC:1247 and there is no need for custodial interrogation, this court is of the view that the applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.
9. Let the applicant “Amit Kumar” be released on bail on furnishing his personal bond and two sureties of each of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 21.02.2025 PR
2025:UHC:1247