Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4569 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.536 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Ms. Pushpa Joshi, learned Senior counsel, assisted by Ms. Chetna Latwal,
learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned AGA for the State.
3. Present applicant–Mir Fajan Nazeer S/o Shri Naseer Ahmad Mir, is seeking regular bail in relation to first information report dated 23.12.2024 bearing FIR No. 0339 of 2024, Police Station I.T.I, District Udham Singh Nagar for the offence punishable under Section 140(3) of BNS, 2023, which, in fact, was lodged against unknown person for missing of the daughter of the complainant, in which after completion of investigation the applicant was charge-sheeted for the offences punishable under Section 137(2), 140(3), 96, 64(1), 87 of B.N.S and 5/6 of POCSO Act.
4.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and in fact the applicant and the victim known to each other since last two months through snapchat and they were friends.
5.
Learned counsel for the applicant further submits that the victim at the time of alleged incident was about 17 years old and the applicant was also of tendered age of 22 years. She also submits that the victim, in her statement recorded under Section 183 BNSS, 2023, stated that nothing wrong has been done by the applicant and also admits that the victim
2025:UHC:4569 knows the applicant through snapchat since last two months. Apart from this, she submits that the charge-sheet has already been filed and as such there is no need of custodial interrogation of the present applicant and the applicant has no previous criminal history.
6. On the other side, learned State counsel have not disputed this fact that the charge-sheet has already been filed and as such, there is no need of custodial interrogation of the present applicant, and, furthermore, he has not disputed this fact on the basis of the written instruction that the applicant has no previous criminal history.
7. After hearing the arguments as advanced by learned counsel for the parties and further taking into
consideration that the charge-sheet has already been filed and there is no need of custodial interrogation of the present applicant, and, furthermore the applicant has no previous criminal history, this Court is of the view that the applicant deserves to be enlarged on bail.
8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.
9. Let the applicant, namely, Mir Fajan Nazeer, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
10. It is made clear that after being released on bail, the applicant shall cooperate with the trial and will not seek any unnecessary adjournment.
(Rakesh Thapliyal, J.) 05.06.2025 R.Bisht
2025:UHC:4569