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2025 DAILYLAW 4925 (UTT)

KAPIL v. STATE OF UTTARAKHAND

BA1/598/2025 · 2025-06-19

Rakesh Thapliyal

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5172 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. 598 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohd Safdar, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. Present applicant–Kapil S/o Shri Pappu is seeking regular bail in relation to first information report dated 04.07.2024 bearing FIR No.0344 of 2024, Police Station Gangnahar, District Haridwar, wherein the present applicant has been implicated for the offences punishable under Sections 376(2)(n), 376(3), 506 IPC, 1860 read with Section 5(l)/6 and 5j(ii) of POCSO Act, 2012. After completion of the investigation, the charge- sheet has been filed for the offences punishable under Section 376(3), 376(2)(n) and 506 IPC read with Section 3(a)/4(ii), 5(j)(ii)/6, 5(l)/6 of the POCSO Act, 2012. 4. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated and, in fact, the applicant was in friendship with the victim through Instagram. He further submits that the friendship was admitted by the Victim, and, furthermore, the applicant, at the time of incident, was at a tender age of 19 years’ old and he has disputed the age of the Victim. He also submits that the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant has no previous criminal history. 5. Mr. Sandeep Sharma, learned AGA for the State has not disputed this fact that the charge-sheet has already been filed and as such there is no need of custodial 2025:UHC:5172 interrogation of the present applicant and the applicant has no previous criminal history,, this Court is of the view that the applicant deserves for bail. 6. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 7. Let the applicant, namely, Kapil, 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. (Rakesh Thapliyal, J.) 19.06.2025 R.Bisht 2025:UHC:5172