Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4083 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. 544 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Mayank Joshi, learned Amicus Curiae for the applicant. 2. Mrs. Pushpa Bhatt, learned Additional Advocate General for the State. 3. The instant bail application has been moved on an application of the present applicant, who is in jail, forwarded by the Jailor of District Jail, Haridwar, on 23.01.2025, whereby, he is praying for regular bail. 4. On the previous date it has been informed that there is no one to look after the present applicant and his parents are no more and to examine this the Jail Superintendent, District Jail, Haridwar, joined the proceeding through V.C. along with the accused and he also apprise this court that there is no one in his family. 5. The present applicant was implicated by Case Crime No. 13 of 2023 pursuant to First Information Report dated 04.01.2023 bearing FIR No. 13 of 2023 P.S. Kotwali Haridwar District Haridwar, for the offence punishable under Sections 374, 376(3) of IPC r/w Section 3, 4(2) and 5/6 of POCSO Act. After completion of investigation the chargesheet was filed for the offences punishable under Sections 374, 376(3), r/w Section 3(A)/4(ii) and 5(l)/6 of POCSO Act. 6. It is submitted by the learned counsel for the applicant that the present applicant is languishing in jail since 04.01.2023 and at the time of incident the applicant was 19 years old and was at tender age and the victim was though minor but she was also aged about 16 years. He submits that there is also a great contradiction on the statement recorded under Sections 161 and 164 of Cr.P.C. He further submits that the applicant have no previous criminal history. 7. On the other side, learned Additional Advocate General Mrs. Pushpa Bhatt submits that uptill date seven prosecution witnesses have been
2025:UHC:4083 examined and the trial infact was commenced on 20.02.2023 and at a concluding stage, however, she has not disputed this fact that the applicant is languishing in jail since 04.01.2023 and have no previous criminal history. 8. Apart from this, learned Additional Advocate General Mrs. Puspha Bhatt fairly submits that since the trial has already been commenced, therefore, at this juncture there is no need of custodial interrogation of the present applicant. 9.
After hearing learned counsel for the parties this court is of the view that since the applicant is languishing in jail since 04.01.2023 and the trial has already been commenced and there is no need of custodial interrogation of the present applicant, therefore, applicant deserves for bail. 10. Let the applicant ‘Prince’ be released on bail in FIR No. 13 of 2023 P.S. Kotwali Haridwar District Haridwar on furnishing his personal bond subject to the condition that he will furnish two sureties of the equal amount within two months after being released on bail to the satisfaction of the court concerned. 11. It is made clear that after being released on bail the applicant will cooperate with the trial. (Rakesh Thapliyal, J.) 19.05.2025 PR
2025:UHC:4083