2025:UHC:2682 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/267/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. V.K. Guglani, 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 24.07.2023, is praying for regular bail in relation to FIR dated 04.05.2023 bearing FIR No. 0253 of 2023, registered at Police Station – Rudrapur, District – Udham Singh Nagar, wherein applicant has been implicated for the offences punishable under Section 363, 366, 376 (2) IPC read with Section 5 (j) (ii) (n) / 6 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 stated that she went with the applicant with her own will and subsequently they married with each other. She was pregnant from the present applicant. He further submits that father of the victim has not supported the prosecution case. 5. He further submits that chargesheet has been filed in a mechanical manner, as the Investigating Officer has not dealt with this aspect that victim herself went with the applicant with her own will and subsequently they married with each other and she was pregnant from the present applicant. 6. He further submits that though the victim was minor at the time of incident but applicant was also of tender age of 19 years. 7. 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. 8. On the other hand, learned State Counsel 2025:UHC:2682 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. 9. 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 deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed. 10. Let the applicant “Tufan Shah” 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 2025:UHC:2682