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2025 DAILYLAW 3427 (UTT)

TARA SINGH ALIAS TEJA SINGH v. STATE OF UTTARAKHAND

BA1/384/2025 · 2025-03-05

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1517 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. 384/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Abhishek Sati, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present applicant-Tara Singh @ Teja Singh is seeking regular bail in relation to Case Crime No. 31 of 2024, arising out of FIR dated 28.08.2024, registered at P.S. Nandanagar Ghat, District Chamoli, wherein the present applicant has been implicated for the offence punishable under Sections 137(2), 87, 65(1) of BNS 2023 read with Section 5/6(L) 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 as well as the complainant (father of the victim) were turned hostile. Apart from this, learned counsel for the applicant submits that since the trial has been commenced after filing of the charge sheet, therefore, there is no need of custodial interrogation. 5. Mr. V.S. Pal, learned A.G.A. for the State have not disputed this fact that the victim as well as her father, who is the complainant, were turned hostile in the Trial Court. Apart from this, he has not disputed this fact that the trial has already been commenced, therefore, there is no need of custodial interrogation. He further submits that the applicant has no previous criminal history. 6. After hearing arguments of the 2025:UHC:1517 learned counsel for the parties, and further taking into consideration the fact that charge sheet has been filed and the trial has been commenced, and the applicant has no previous criminal history, and the most material witnesses have been examined, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 8. Let the applicant- Tara Singh @ Teja Singh 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. 9. 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:1517