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2025 DAILYLAW 2605 (UTT)

SUSHIL YADAV v. STATE OF UTTARAKHAND

BA1/284/2025 · 2025-03-05

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1534 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/284/2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Manju Bahuguna, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant is seeking bail in relation to FIR dated 25.05.2024 bearing FIR No. 0249 of 2024, registered at Police Station – Kashipur, District – Udham Singh Nagar lodged by Hargulal Gautam with regard to missing of minor granddaughter, who was missing since 25.05.2024. The victim at that time was studying in Class 10 and was minor. The FIR was registered against unknown person and after investigation, charge-sheet has been filed against the present applicant for the offence punishable under Section 376 IPC and under Section 5 / 6 of the POCSO Act. 4. Statement of victim PW2 was recorded on 21.01.2025 and she supported the prosecution case. 5. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and has no previous criminal history and charge-sheet has been filed, therefore, there is no need of custodial interrogation. 6. Per contra, learned AGA submits that allegations are very serious in nature and victim was recovered from the custody of the applicant on 28.08.2024, which is almost three months after the FIR. 7. After hearing learned counsel for the parties and after gone through the charge sheet and statement of the victim, this Court is not inclined to grant bail to the applicant. Accordingly, bail application is dismissed. (Rakesh Thapliyal, J.) 05.03.2025 SKS