2025:UHC:3081 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/204/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Anoop Jaiswal, learned counsel for the applicant through V.C. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Shiva is in judicial custody since 31.12.2024 in relation to FIR dated 26.12.2024, registered as FIR No. 633 of 2024 at P.S. Rudrapur District Udham Singh Nagar wherein the present applicant has been implicated for the offences punishable under Section 137(2), 64 of BNS Act read with Section 5/6 of the POCSO Act. The FIR was lodged against some unknown person for missing of daughter of complainant, however, after five days the victim was recovered from the possession of the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and in fact the applicant himself at the time of the incident was of the tender age of 21 years and the victim also at the time of the incident was minor aged about 15 years and both of them were in love and subsequently got married. It is submitted by the learned counsel that there is contradiction in the statement of the victim herself since in her statement recorded under Section 180 of BNSS she admits this fact that she married with the present applicant, however, she took U-turn in her statement recorded under Section 183 BNSS. 5. Apart from this, it is submitted that charge sheet has already been filed, 2025:UHC:3081 therefore, there is no need of custodial interrogation and furthermore applicant has no previous criminal history. 6. Learned Brief Holder for the State have not disputed that the charge sheet has been filed, and, therefore there is no need of custodial interrogation. 7. After hearing the counsel for the parties and further taking into consideration that charge sheet has already been filed and the applicant has no criminal history, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merits of the case the bail application is allowed. 9. Let the applicant Shiva be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 25.04.2025 Parul 2025:UHC:3081