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. 494 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Javed Ali’ is praying for regular bail in relation to a First Information Report dated 24.08.2022 bearing FIR No. 907 of 2022 P.S. Manglour, District Haridwar, wherein, the present applicant and one Lukman were implicated for the offences punishable under Sections 328, 363, 376-D and 5(g) and 6 of POCSO Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and in fact the applicant was in love with the victim. He submits that though the victim was minor at the time of the incident, i.e. aged about 16 years, but actually both of them were in love with each other, which is evident from the statement, which she has given before the Doctor when she was firstly medically examined. 5. He further submits that not only this even during investigation including in her statement recorded under Section 164 of Cr.P.C. every time the victim gave contradictory statement. 6. Apart from this, he submits that the charge-sheet has already been filed and the trial has been commenced and the applicant has no previous criminal history and as such there is no need of custodial interrogation of the present applicant and the applicant is languishing in jail since 30.08.2022. 7. On the other side, learned State counsel have not disputed this fact that the charge-sheet has already been filed and the trial has been commenced and the applicant have no previous criminal history. 8. After hearing the arguments of learned counsel
for the parties and further taking into consideration that the charge-sheet has already been filed and the trial has been commenced and furthermore the applicant is languishing in jail since 30.08.2022 and have no previous criminal history, this court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10.
Let the applicant ‘Javed Ali’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 05.06.2025 PR