2025:UHC:1371 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/303/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. V.S. Rawat, learned Assistant Government Advocate with Mr. Pankaj Joshi, learned Brief Holder for the State. 3. Present applicant is in judicial custody in relation to FIR dated 09.09.2024 bearing FIR No. 490 of 2024, registered at Police Station – Pathari, District Haridwar wherein present applicant has been implicated for the offences punishable under Section 137 (2), 64 (2) (m), 65 (1), 87, 351 (3) of the BNS and under Section 3 (A) / 4 (ii), 5 (l) / 6 of the POCSO Act. 4. Learned counsel for the applicant submits that applicant is innocent and have been falsely implicated, which is evident from the fact that victim and mother of victim both were declared hostile by the trial court. He further submits that even the medical report does support the prosecution story. He has shown the copy of the medical report to Mr. V.S. Rawat, learned AGA for the State, who after gone through the medical report, was of the view that medical report does not support the prosecution story. 5. Apart from this, he submits that applicant has no criminal history. He further submits that despite the fact that medical report does not support the prosecution story, charge-sheet has been filed in a very mechanical manner. 6. Per contra, learned State Counsel submits that after thorough investigation, charge sheet has been filed but he fairly submits that victim and her mother were declared hostile by the trial court and the medical report does not support the prosecution case. 7. After hearing learned counsel for the parties and further taking into consideration the fact that victim and her mother were declared hostile by the trial court and applicant has no criminal 2025:UHC:1371 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. 8. Let the applicant Kayyum 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.) 27.02.2025 SKS