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2025 DAILYLAW 5087 (UTT)

SURAJ DAS v. STATE OF UTTARAKHAND

BA1/632/2025 · 2025-05-14

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3916 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/632/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Priyanshu Gairola, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Suraj Das is praying for regular bail in relation to FIR dated 28.12.2022 registered as FIR No. 58 of 2022, wherein the present applicant has been implicated for the offences punishable under Sections 376(2)(f) IPC read with Section 5/6 of the POCSO Act. 4. It is very peculiar case, in which the complainant is the wife and victim is the daughter of the applicant and at the time of the incident victim was minor and she supports the case of the prosecution in her statement. Even medical report also supports the case of the prosecution. Since the allegation was alleged by the wife against her husband with regard to the commission of rape by her husband with her own daughter, therefore, this Court is of the view that the applicant does not deserve bail particularly when the trial is at the concluding stage. 5. In view of this, the bail application is rejected. 6. The Trial Court may conclude the trial as expeditiously as possible without being influenced with the observation of this Court as made above. (Rakesh Thapliyal, J.) 14.05.2025 Parul 2025:UHC:3916