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2025 DAILYLAW 1848 (UTT)

RAJKUMAR v. STATE OF UTTARAKHAND

BA1/203/2025 · 2025-04-09

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2681 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/203/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Bilal Ahmed, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate and Mr. Himanshu Sain, learned counsel for the State. 3. Present applicant, who is languishing in jail since 04.10.2024, is praying for regular bail in relation to FIR dated 04.10.2024 bearing FIR No. 0768 of 2024, registered at Police Station – Kotwali Bhagwanpur, District – Haridwar wherein applicant has been implicated for the offences punishable under Section 137 (2), 64 (2) (f), 64 (2) (m), 65 (1) BNS, 2023 read with Section 3 (a) / 4 (ii), 5 (l) (n) / 6, 10 of the POCSO Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated, which is evident from the fact that victim herself has denied the case of prosecution. He further submits that though victim was minor at the time of incident but applicant was also of tender age of 20 years. He further submits that mother of the victim turned hostile in cross examination. 5. Apart from this, he submits that since the charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and applicant has no previous criminal history. 6. On the other hand, learned State Counsel fairly submits that since the charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and applicant has no previous criminal history. 7. After hearing learned counsel for the parties and further taking into consideration that since the charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and applicant has no previous criminal history, this Court is of the view that applicant 2025:UHC:2681 deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed. 8. Let the applicant “Raj Kumar” be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 09.04.2025. SKS