2025:UHC:1244 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 287 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Parkash Kumar is seeking bail in relation to Case Crime No.17 of 2024 arising out of FIR dated 28.04.2024, wherein the present applicant has been implicated for the offences punishable under Section 363, 376(3) of IPC read with Section 4(2), Section 3(a) of Protection of Children from Sexual Offences Act, 2012, Police Station – Rudraprayag, District – Rudraprayag. 4. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated, and, furthermore, in a very casual manner, the charge-sheet has been filed which is evident from the fact that the PW2 (victim) was declared hostile by the trial Court in the examination-in-chief and cross- examination. Copy of which is also enclosed as Annexure No.2. While declaring PW-2 as hostile, she denied that the applicant, at any point of time, developed physical relation with her. 5. Learned counsel for the applicant also submits that the applicant has no previous criminal history and he is aged about 22 years. 6. On the previous date, the State was directed to get instruction in the matter and today on instruction Mr. V.S. Pal, learned AGA has not disputed this fact 2025:UHC:1244 that the victim has been declared hostile by the trial Court. 7. Apart from this, he also submits that as per the medical report, the hymen torn of the victim is one year back. 8. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the PW2 (victim) herself declared hostile by the trial Court and furthermore, the applicant has no previous criminal history, this Court is of the view that the applicant deserves bail. 9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 10. Let the applicant, namely, Parkash Kumar, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 21.02.2025 R.Bisht 2025:UHC:1244