Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6018 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. 591 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mrs. Pushpa Joshi, learned senior counsel assisted by Mrs. Nipush Mola Joshi, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. The present applicant ‘Makhan Singh @ Kinder’ is praying for bail in relation to First Information Report dated 08.01.2025 bearing FIR No. 14 of 2025 P.S. Bazpur, District Udham Singh Nagar, wherein the applicant has been chargesheeted for the offences punishable under Sections 137(2) r/w Section 64 of BNS, 2023 and Section 5/6 of POCSO Act.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and the chargesheet has already been filed on 04.03.2025 and the applicant is languishing in jail since 03.02.2025. She further submits that in fact the applicant and victim both known to each other and they were friends and in love. She further submits that though the victim not fully support the case of the prosecution but on close scrutiny of her statement there are the great contradictions.
5. Apart from this, she submits that there is no any dispute about the age of the victim but the applicant was also of a tender age at the time of the alleged incident i.e. 21 years.
6. On the other side, Mr. Sandeep Sharma have not disputed this fact that the chargesheet has already been filed and also apprise this court that the applicant has no previous criminal history.
7. After hearing the arguments of learned counsel for the parties and further taking into
consideration that the present applicant is languishing in jail since 03.02.2025 and the investigation has already been completed since the chargesheet has been filed and as such there is no need of custodial interrogation of the present
2025:UHC:6018 applicant and furthermore the applicant has no previous criminal history, this court is of the view that the applicant deserves for bail.
8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
9. Let the applicant ‘Makhan Singh @ Kinder’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
10. It is made clear that after being released on bail the applicant shall appear in the Trial Court proceeding on each and every date without seeking unnecessary adjournment, failing which, the Trial Court will take appropriate action against the applicant as per law.
(Rakesh Thapliyal, J.) 11.07.2025 PR
2025:UHC:6018