Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2607 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/442/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. B.M. Pingal, learned counsel for the applicant.
2. Mr. Siddharath Bisht, learned Assistant Government Advocate for the State.
3. Present applicant is seeking regular bail in relation to FIR dated 08.09.2024 bearing FIR No. 0240 of 2024, registered at Police Station - Transit Camp, District – Udham Singh Nagar wherein applicant has been implicated for the offences punishable under Section 137 (2), 87, 64 BNS, 2023 and under Section 5 / 6 of the POCSO Act.
4.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and though the victim was minor but the applicant was also of tender age of 18 years, at the time of incident. He further submits that both applicant and victim were friends and they were known to each other through Instagram. He further submits that statements of victim were also recorded under Section 183 BNS and she does not support the prosecution case rather she stated that she herself went to Noida and live with the applicant with her own.
5. Apart from this, he further submits that charge sheet has already been filed, therefore, there is no need of custodial interrogation and applicant has no previous criminal history and applicant is languishing in jail since 31.01.2025.
6. On the other hand, learned State Counsel fairly submits that charge sheet has already been filed, therefore, there is no need of custodial interrogation and the applicant has no previous criminal history.
7. After hearing learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed, therefore, there is no need of custodial interrogation and applicant has no previous criminal history, this Court is of the view that applicant deserves for
2025:UHC:2607 bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.
8. Let the applicant “Kunal Kumar” be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
07.04.2025. SKS