Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4041 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. 549 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Prem Prakash Bhatt, learned legal aid counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. The instant bail application has been preferred on behalf of the applicant on his application, which was forwarded by the Jailor of District Jail, Haridwar.
4. The present applicant ‘Jitendra’ S/o Arjun is praying for regular bail in relation to First Information Report dated 19.09.2019 bearing FIR No. 198 of 2019, wherein, the present applicant was implicated for the offence punishable under Section 363 of IPC. After investigation the charge- sheet was filed for the offences punishable under Sections 363, 366A, 376(2)(n) r/w Section 376 (3) of IPC and 3(A)/4(2), 5(i)/6 of POCSO Act.
5. It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated, which is evident from the fact that the Doctor, who conducted the medical of the victim, have not given any opinion with regard to the commission of rape. He further submits that though as per the medical report the hymen was torn but as per the opinion of the Doctor there is no any such opinion for commission of rape.
6. Apart from this, he submits that charge- sheet has already been filed and the present applicant is languishing in jail since 14.07.2020 and the applicant have no previous criminal history.
7. On the other side, learned A.G.A. have not disputed this fact that the charge-sheet has been filed and therefore there is no need of custodial interrogation of the present applicant and furthermore the applicant is languishing in jail since 14.07.2020.
8. After hearing the arguments of learned counsel for the parties and further taking into
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consideration that since the charge-sheet has been filed and as such there is no need of custodial interrogation of the present applicant and furthermore the applicant is languishing in jail since 14.07.2020, 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 ‘Jitendra’ 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.) 16.05.2025 PR
2025:UHC:4041