Extracted from the PDF above. The PDF is authoritative.
SL. No . Da t e Of f ice 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
2025:UHC:11301
BA 2nd No.322 of 2025 Hon ’ble Ash ish Nait h an i, J.
Mr. Shivam Gulati, learned counsel for the Applicant.
2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand.
3. The first bail application of the Applicant – Udit Jha, was rejected by this Court vide judgment and order dated
26.03.2025. The applicant is in judicial custody in connection with FIR No.289 of 2024 registered at P.S. Kotwali Jwalapur, District Haridwar under Section 376 of IPC and under Section 3 (a)/4 of the Protection of Children from Sexual Offences Act,
2012.
4. Learned counsel for the Applicant submits that the prosecutrix has not supported the case of prosecution in her statements before the court below, and has clearly denied all the allegations mentioned in the FIR, and also submits that her earlier statements were given under coercion. He further submits that the Applicant is languishing in jail since
08.06.2024.
5. Learned State Counsel, however, objects to this second bail application on the ground that the victim girl child has supported the prosecution version in her statement under Section 161 CrPC before the Police Authorities and also under Section 164 CrPC before the learned Magistrate. Learned State Counsel submits that the matter relates to POCSO Act and the victim is a minor girl child and most of the contentions have already been considered in the first bail application (BA 1st No.2434 of 2024), and thereafter he submits that there are no new grounds for consideration of the present bail application.
6. Without going into the merits of the case, this Court at
this juncture after considering the overall facts and circumstances of the case, is inclined to grant bail to the Applicant – Udit Jha.
7. Consequently, bail application is allowed. Let the Applicant – Udit Jha, be released on bail subject to the furnishing of his personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
( Ash ish Nait h an i, J.) 1 7 .1 2 .2 0 2 5 Nitesh/