Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2418 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. 532 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. P.S. Dhami, learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned A.G.A. for the State.
3. The present applicant ‘Anil Kumar @ Aniya’ is praying for regular bail in relation to First Information Report dated 28.07.2024 P.S. Thal, District Pithoragarh bearing FIR No. 27 of 2024, wherein, the present applicant has been implicated for the offence punishable under Section 376 of IPC.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, which is evident from the fact that prosecutrix is 36 years old and at the time of incident the applicant was only 18 years old.
5. Apart from this, he submits that DNA sample of the new born baby was sent for chemical analysis and the report of the same is still awaited, despite this, in a very hurried manner the chargesheet has been filed though the investigation was incomplete.
6. Apart from this, he submits that the applicant have no previous criminal history and further submits that there is some dispute in between the father of the applicant with the informant and thats the reason the applicant has been implicated.
7. On the other side, learned A.G.A. Mr. Pankaj Joshi submits that chargesheet has been submitted, however, DNA sample report is still awaited and furthermore there is no need of custodial interrogation of the applicant.
8. After hearing the arguments of the learned counsel for the parties and further taking into
consideration that since the chargehseet has been filed therefore there is no need of a custodial interrogation of the applicant, this court is of the view that the applicant deserves for bail.
2025:UHC:2418
9. Accordingly, without expressing any opinion on the merit of the case bail application is allowed.
10. Let the applicant’ Anil Kumar @ Aniya’ 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.) 02.04.2025 PR