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2025 DAILYLAW 4653 (UTT)

MANI KUMAR v. STATE OT UTTARAKHAND

BA1/548/2025 · 2025-05-14

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3880 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. 548 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mrs. Shruti Joshi, learned legal aid counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. This is the first bail application on an application of the accused, who is in jail, which was forwarded by the Jailor of the District Jail, Haridwar. 4. The present applicant is praying for regular bail in relation to First Information Report dated 19.11.2021 bearing FIR No. 0185 of 2021 P.S. Shyampur, District Haridwar, wherein, the present applicant is implicated for the offences punishable under Sections 363, 366A of IPC. 5. After completion of the investigation the chargesheet was filed against the applicant for the offences punishable under Sections 363, 366A 376(2)(n) r/w Section 5(n)/6 of POCSO Act. 6. Learned counsel Mrs. Shruti Joshi was appointed as legal aid counsel on 03.04.2025. She argued that the present applicant is in jail since 30.11.2021 and is in a long incarceration and the trial has not been concluded. She further submits that in fact the applicant was in love with the victim and the victim at the time of incident was more than 16 years and furthermore the victim herself in her statement recorded under Section 164 of Cr.P.C. admits that she was in love with the present applicant. 7. Apart from this, she further submits that even the medical report does not support the prosecution case and there is no injury on the victim. 8. On the other side, learned State counsel have not disputed this fact that the present applicant is in jail since 30.11.2021 and the trial is still going on. He has not denied this fact that the victim herself in her statement admits about the 2025:UHC:3880 love affair with the applicant. 9. After hearing the arguments of learned counsel for the parties and further taking into consideration that the trial is going on, and the applicant is in jail since 30.11.2021 and there is no need of custodial interrogation, the applicant deserves for bail. 10. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 11. Let the applicant ‘Mani Kumar’ 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.) 14.05.2025 PR 2025:UHC:3880