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2025 DAILYLAW 2859 (UTT)

RAMAKANT YADAV v. STATE OF UTTARAKHAND

BA1/322/2025 · 2025-04-02

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2406 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/322/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Vaibhav Singh Chauhan, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate for the State. 3. Present applicant is seeking regular bail in relation to FIR dated 09.01.2025 bearing FIR No. 19 of 2025, registered at Police Station Kotwali Jwalapur, District – Haridwar, wherein applicant has been implicated for the offences punishable under Section 65 (2), 351 (2) BNS and under Section 5 (m) / 6 of the POCSO Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been implicated, which is evident from the fact that the applicant was aged about 82 years at the time of the incident and owner of the house in which family of the victim is residing as tenant. 5. Apart from this, he further submits that charge sheet has been filed in a very mechanical manner. He further submits that the medical report does not support the prosecution case and despite this, the Investigating Officer has filed the charge sheet. He further submits that since the charge sheet has filed, therefore, there is no need of custodial interrogation of the present applicant. 6. On the other hand, learned State Counsel fairly submits that charge sheet has already been filed, therefore, there is no need of custodial interrogation. 7. After hearing learned counsel for the parties and further taking into consideration the fact that the applicant is 82 years old, therefore, 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 “Ramakant Yadav” 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.) 02.04.2025. SKS 2025:UHC:2406