Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1516 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/360/2025
Hon'ble Rakesh Thapliyal, J.
1. Ms. Prabha Naithani,
learned counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. The present applicant-Yaqub @ Montilal is seeking bail in relation to Case Crime No. 0063 of 2024, arising out of FIR dated 29.07.2024 registered at P.S. Buggawala, District Haridwar wherein the applicant has been implicated for the offence punishable under Sections 376(2)(1), 452, 506 IPC read with Section 5(1)(6) of the POCSO Act.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated which is evident from the fact that the victim herself examined as PW2 and there is contradiction in her statement.
5. Apart from this, learned counsel for the applicant submits that even otherwise the medical report, prima facie, does not support the prosecution case. She further submits that the applicant is languishing in jail since 30.07.2024 and has no criminal history. She further submit that charge sheet has already been filed, therefore, at this juncture there is no need of custodial interrogation.
6. I also perused the statement of the victim. The matter was listed earlier and the State was directed to get instructions in the matter, particularly, in reference to the statement as given in para 11 of the bail application.
7. Today, Mr. V.S. Pal, learned A.G.A.
2025:UHC:1516 on the basis of the written instructions informed this Court that present applicant has no previous criminal history and also not disputed this fact that charge sheet has already been filed and the trial has been commenced and, therefore, there is no need of custodial interrogation.
8. After hearing arguments of the
learned counsel for the parties, and having gone through the papers on record and further taking into
consideration that charge sheet has been filed, as such, there is no need of custodial interrogation, this Court is of the view that the applicant deserves for bail.
9. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed.
10. Let the applicant- Yaqub @ Montilal be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
11. It is made clear that the applicant will cooperate with the trial and will not seek unnecessary adjournment.
(Rakesh Thapliyal, J.)
05.03.2025 Parul
2025:UHC:1516