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. 373 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Vikas Anand, learned counsel for the applicant.
2. Mr. Siddharth Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State.
3. The present applicant ‘Momin Shah’ is seeking bail in relation to Case Crime No. 441 of 2024 P.S. Jaspur, District Udham Singh Nagar on the basis of FIR dated 29.08.2024, wherein, the present applicant has been implicated for the offence punishable under Section 376 of IPC, Section 331(2) of BNS r/w Section 5/6 of POCSO Act.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and whatever be the relationship in between the applicant and the victim that was consensual.
5. Apart from this, he submits that the victim also declared hostile by the Trial Court.
6. On perusal of the FIR as well as the statement of the victim it reveals that the applicant was already married and thereafter he developed his relation with the victim.
7. Apart from this, on perusal of the order rejecting the bail by the Trial Court, it reveals that a video clip was also recovered from the possession of the present applicant and the medical report also supports the case of the prosecution.
8. After hearing the arguments of the learned counsel for the parties and further gone through the record, this court does not find any merit in the present bail application, the same is accordingly, dismissed.
(Rakesh Thapliyal, J.) 04.03.2025 PR