Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 1173 of 2025 Hon ’ble Alok Mah r a, J.
Mr. Siddhartha Bankoti, learned legal- aid-counsel for the applicant.
2. Mr. Deepak Bhardwaj, learned D.A.G. for the State.
3. The applicant – Mukesh Mandal, who is in judicial custody in connection with Case Crime/ FIR No. 63 of 2023, under Sections 363, 366-A, 376 and 506 of IPC and Sections 5 and 6 of POCSO Act, registered at P.S.- Jhankaiya, District Udham Singh Nagar, has sought his release on bail.
4. Heard learned counsel for the parties and perused the records.
5. In this case, FIR was lodged by the mother of the victim against the applicant, wherein, she has submitted that the accused have taken her minor daughter on 03.08.2023 from her house and the victim was recovered on the next date. After investigation, chargesheet was submitted against the applicant and the trial is underway.
6.
Learned counsel for the applicant would submit that there are material contradictions in the statements given by the victim recorded under Section 161 Cr.P.C and Section 164 Cr.P.C. In her statement recorded under Section 164 Cr.P.C., she has submitted that she and accused went to Nepal, whereas, in her examination-in-chief, she has submitted
that she and accused went to Haldwani from Khatima and returned back on the next date while in her cross-examination, she has submitted that from Khatima, they went to Rudrapur and stayed in the tin- shed the whole night. Learned counsel for the applicant has further drawn the attention of this Court to the medical examination and the statement of the doctor in which no injury on the internal part was found on the victim. It is further submitted that the applicant is in jail since 04.08.2023 and since, the statement of the victim has been recorded, there is no chance of tampering with the evidence.
7. Per contra, learned State Counsel vehemently opposed the bail application.
8. Having considered the submissions of
learned counsel for the parties and after going through the material available on record, statement of the victim, and also after perusing the medical report, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
9. Accordingly, the present bail application is allowed.
10. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned.
( Alok Mah r a J.)
17.11.2025 Ujjwal