2025:UHC:3784 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.289 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohit Kumar Kashyap, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned Dy.A.G. along with Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Anil Saxena S/o Shri Om Prakash is in judicial custody since 25.04.2024 and seeking bail in relation to FIR/Case Crime No.0408 of 2023, registered on the basis of FIR dated 21.12.2023 at Police Station Sitarganj, District Udham Singh Nagar, wherein after investigation, charge charge-sheet has been filed for the offences punishable under Sections 363, 366, 376(2), 506 of IPC and under Section 5 l/(j)/(ii)/6 of Protection of Children from Sexual Offence Act, 2012. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and, in fact, the applicant was in love with the victim and at the time of alleged incident, though the victim was minor, but more than 17 years and both of them married on 15.11.2023 and out of this wedlock, a male child was also born on 23.10.2024, in support of which, the Birth Certificate is also enclosed as Annexure No.3 and apart from this, learned counsel for the applicant submits that the compounding application has been moved, which is pending for consideration, however, since in this particular case, the charge-sheet has already been filed, 2025:UHC:3784 therefore, there is no need of custodial interrogation of the present applicant. He submits that the present applicant is languishing in jail since 25.04.2024, therefore, he may be released on bail so that he may pursue the compounding application. 5. On the other side, learned State counsel submits that though the birth certificate is enclosed as Annexure No.-3 but there is no proof in relation to the registration of their marriage, however, she has not disputed this fact that the charge-sheet has already been filed and there is no need of custodial interrogation of the present applicant. 6. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant already married with the victim, out of which, a male child was born, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Anil Saxena, 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.) 13.05.2025 R.Bisht 2025:UHC:3784