2025:UHC:2317 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/509/2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Pushpa Joshi, learned Sr. Advocate assisted by Ms. Chetna Latwal, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant is praying for regular bail in relation to FIR dated 04.02.2025 bearing FIR No. 0045 of 2025, registered at Police Station – Kiccha, District – Udham Singh Nagar, for the offences punishable under Section 137 (2), 64, 87 BNS, 2003 and under Section 3 / 4 of the POCSO Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and there is delay of 9 days in lodging the FIR. She further submits that the applicant has no concerned with the alleged offence and victim herself left the house, which is evident from her statement. She further submits that applicant was arrested after two months of the FIR and there is no direct evidence against him. 5. On the previous date, State Counsel was directed to get instructions in the matter and today, learned AGA for the State has placed before this Court the statement of the victim recorded under Section 183 BNSS. 6. On perusal of the statement of the victim recorded under Section 183 BNSS, it appears that victim denied that she went with the present applicant or even, she knew the present applicant. As per the statement, victim and her mother refused to give their consent for internal medical examination of victim. 7. After hearing learned counsel for the parties and further taking into consideration the fact that the victim herself denied for medical examination, this Court is of the view that applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is 2025:UHC:2317 allowed. 8. Let the applicant “Badal Tomar” 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.) 28.03.2025 SKS