SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 368 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. V.K. Kaparuwan and Mrs. Sangeeta Bhardwaj, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. for the State. 3. The present applicant is in judicial custody in relation to Case Crime No. 0107 of 2024 registered on the basis of First Information Report dated 03.09.2024, P.S. Muni Ki Reti District Tehri Garhwal, wherein, one person namely Riyajuddin was implicated for the offence punishable under Section 65(1)) of BNS, 2023 r/w Section 6 and 5 j (ii) of POCSO Act. 4. After investigation the present applicant ‘Mohit’, who was not named in the FIR, has been implicated on the basis of the statement of the victim under Section 183 of BNSS, 2023. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, which is evident from the Forensic Examination Report, which is appended as Annexure 2, wherein the blood sample of the accused, who was named in the FIR Riyajuddin as well as blood sample of the present applicant was taken for chemical analysis and as per the Forensic Report both Riyajuddin and the applicant are not the biological father of the new baby born from the victim. 6. He further submits that the other co-accused, who was named in the FIR, was enlarged on bail by the Trial Court. 7. Learned counsel for the applicant submits that in the FIR there was no allegation against the applicant and only the allegation was against Riyajuddin; however, while recording the statement under Section 183 of BNSS, 2023 of the victim the victim take U-turn. 8. Apart from this, learned counsel for the applicant submits that the applicant is languishing in jail since 24.10.2024 and have no previous criminal history. 9. Learned A.G.A. on the other side have not disputed this fact that as per FSL report applicant is not biological father of new born baby and have also not disputed that the other named co-accused have already been enlarged on bail and also submits that the chargesheet has already been filed. 10. After hearing the arguments of learned counsel for the parties and further taking into consideration that the other co-accused, who is named in the FIR, was already enlarged on bail and furthermore as per the Forensic Report the present applicant is not the biological father of the new born baby of the applicant and has no previous criminal history and furthermore the chargesheet has already been filed; therefore, there is no need of the custodial interrogation, therefore, this court is of the view that the present applicant deserves for bail. 11. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 12. Let the applicant ‘Mohit’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the Court concerned. (Rakesh Thapliyal, J.) 03.03.2025 PR