2025:UHC:3584 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. 601 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Irum Zeba, learned counsel, holding brief of Mr. Kartikey Hari Gupta, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Javed Malik alias Ali, is seeking bail in relation to first information report dated 24.09.2023 bearing FIR No. 200 of 2023, Police Station Premnagar, District Dehradun, wherein the present applicant has been implicated for the offences punishable under Section 323, 376, 504 and 506 of IPC read with Section 3/4 of the 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 well known to each other since 2020 and whatever be the relations in between both of them are consensual. Apart from this, learned counsel for the applicant submits that the applicant, at the time of incident, was though major but was of a tender age since he attained age of 22-23 years at that time and the victim though was minor below 18 years but was aged about 17 years and 11 months. 5. It is also submitted that the allegations, as alleged in the FIR, appears to be false since there is no any medical 2025:UHC:3584 with regard to the incident as shown to be happened on 19.09.2023 and 22.09.2023. 6. Learned counsel for the applicant further submits that the charge-sheet has already been filed and the trial has already been commenced and there is no need of custodial interrogation of the present applicant and the applicant has no previous criminal history. 7. Apart from this, learned counsel for the applicant submits that there is no recovery of the video as alleged in the FIR and without collecting any credible evidence, the charge-sheet has been filed. 8. On the other side, learned AGA vehemently opposed the bail application by submitting that after collecting all the credible evidences, the charge-sheet has been filed. He further submits that the victim, during her statement recorded under Section 161 as well as recorded under Section 164 Cr.P.C, fully corroborate the case of the prosecution and not only this now during trial she has also been examined and she supports the case of the prosecution. 9. Apart from this, Mr. Siddhartha Bisht, learned AGA submits that even as per the medical report, the hymen was old torn, but the doctor in her examination justified the clinical findings towards the hymen. He also submits that even as per the case of the applicant the applicant and victim known to each other and also submits that since beginning there was regular threat from the side of the accused to the victim and her family members which is also evident from the statement of the victim recorded as PW-2 on 2025:UHC:3584 24.05.2024 wherein she has stated in para No.12 that the applicant is compelling the victim to enter into compromise and even there is threat from the sister of the present applicant. 10. Mr. Siddhartha Bisht submits that if the applicant is released on bail, then any mishappening can be caused to the victim which is evident from the statement of the victim herself, wherein she has given the reference of regular threat from the appellant. Apart from this, he submits that even, the victim, in her statement under Section 161 and 164 Cr.P.C., also reiterated the fact about the regular threatening from the side of the applicant. 11. After hearing the arguments as advanced by learned counsel for the parties, and further after gone through the records as well as the statement as recorded under Section 161 read with Section 164 Cr.P.C and also during her examination in the Court, this Court is of the view that the applicant is not entitled for bail. 12. Accordingly, the bail application is rejected. 13. Since the charge-sheet has already been filed in which the cognizance has already been taken on 21.11.2023, trial Court is directed to expedite the trial as expeditiously as possible. Registry is directed to send the copy of this order to the concerned Court. (Rakesh Thapliyal, J.) 07.05.2025 R.Bisht 2025:UHC:3584