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2025 DAILYLAW 3291 (UTT)

MURAD v. STATE OF UTTARAKHAND

BA1/382/2025 · 2025-03-06

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 382 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the appellant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present applicant ‘Murad’ is seeking bail in relation to Case Crime No. 120 of 2024 registered on the basis of the FIR dated 29.03.2024 P.S. Khanpur, District Haridwar, wherein, the present applicant has been implicated for the offences punishable under Sections 363, 366, 376of IPC and Section 3(A)/4 of POCSO Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and he further submits that the victim was also declared hostile and the medical evidence also does not support the prosecution story and the applicant is languishing in jail since 04.04.2024 and has no previous criminal history. 5. I have gone through with the FIR as well as the fact that the prosecutrix was declared hostile, however, Mr. V.S. Pal, learned A.G.A. on instructions informed to this court that the chargesheet has been filed against the applicant, but this fact is very relevant and serious that the victim was missing since 28.03.2024 and was recovered from the possession of the applicant on 04.04.2024 and therefore it clearly reveals that the applicant forcibly take the custody of minor child from the natural guardian. 6. I do not find any merit and the same is accordingly dismissed. 7. After rejecting the bail application learned counsel for the applicant Mr. Gaurav Singh submits that the trial is at a concluding stage and only one witness has been left to examine. 8. If the trial is almost concluded and only one witness is left to examine the trial court is requested to expedite the trial as expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order. (Rakesh Thapliyal, J.) 06.03.2025 PR