SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 383 of 2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Parikshit Saini, learned counsel with Ms. Gurbani Singh and Ms. Sukhwani Singh, learned counsel for the applicant. 2. Mr. Siddharth Bisht, learned A.G.A. and Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant-Sameer Khan is seeking regular bail in relation to Case Crime No. 0175 of 2024, registered on the basis of the FIR dated 20.04.2024 at P.S. Raipur, District Dehradun. 4. Learned counsel for the applicant submits that the applicant is innocent and no offence is made out against him and earlier the FIR was registered for the offence punishable under Section 363 IPC, however, after investigation charge sheet has been filed for the offences punishable under Section 363, 366(A), 376(3) IPC read with Section 3(a)/4 of the POCSO Act. 5. Learned counsel for the applicant submits that the charge sheet has been filed in a very mechanical manner, based on the statement of the victim, though, the victim subsequently during her cross-examination was declared hostile by the Trial Court. Apart from this, he submits that even the statement of the Doctor does not support the prosecution, since, the Doctor who was examined as PW9 in her statement stated that no definite opinion of rape can be given, though she herself prepared the medical report as well as supplementary report which is also annexed with the bail application. 6. Apart from this, learned counsel for the applicant submits that the applicant has no previous criminal history and is languishing in jail since 26.04.2024. 7. Per contra, learned A.G.A. Mr. Siddharth Bisht submits that after thorough investigation charge sheet has been filed, and, as such, there is no need of custodial interrogation, however, he has not disputed this fact that the applicant has no previous criminal history. 8. After hearing arguments of the learned counsel for the parties, and further taking into consideration that the charge sheet has already been filed and the applicant is languishing in jail since 26.04.2024, and further the applicant has no previous criminal history, 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-Sameer Khan 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. (Rakesh Thapliyal, J.) 04.03.2025 Parul