Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
BA1 / 2 3 1 5 / 2 0 2 5 Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Pawar, learned counsel holding brief of Ms. Prabha Naithani, learned counsel for the applicant.
2. Ms. Rangoli Purohit, learned Brief Holder for the State.
3. Present applicant – Chandan Singh, son of Dungar Singh, is praying for bail in relation to FIR dated 02.06.2025 bearing FIR No. 0017 of 2025, Police Station – Pati, District – Champawat wherein the present applicant has been implicated for the offences punishable under Section 5 (j) (ii) read with Section 6 of the POCSO Act and under Section 64 (1) of BNS, 2023.
4.
Learned counsel for the applicant argued that applicant is innocent and have been falsely implicated and there is a delay of two months in lodging the FIR. He further submits that DNA report does not support the prosecution case.
5. Apart from this, he submits that applicant is languishing in jail since 09.06.2025 and charge sheet has already been filed on 18.07.2025, therefore, there is no need of custodial interrogation of the applicant and as such, at this stage, applicant be released on bail. He further submits that though at the time of incident, victim was minor but applicant was also of tender age of 22 years and in fact, both of them were in love with each other.
6. On the other side, learned State Counsel, on instructions, apprised to this Court that victim’s statements were recorded under Section 183 of BNSS 2023 wherein she fully support the prosecution, and so far as DNA report is concerned, it is not relevant at this stage and the same is subject is subject matter of the trial, however, she has not disputed that charge sheet was filed on 18.07.2025 and applicant is languishing in jail since 09.06.2025.
7. After hearing the arguments of learned
counsel for the parties and further taking into
consideration that the applicant is languishing in jail since 09.06.2025 and charge sheet has already been filed on 18.07.2025 and trial has already commenced and further interrogation of the applicant is not required, this Court is of the view that the applicant deserve for bail.
8. Accordingly, without expressing any opinion on the merit of the case bail application is allowed.
9. Let the applicant “Chandan Singh, son of Dungar Singh,” be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 04.12.2025 SKS