2025:UHC:7178 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. 644 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mrs. Shruti Joshi, learned legal aid counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. The bail application has been moved on behalf of the applicant through the legal aid counsel. 4. The present applicant ‘Manish Saini’ S/o Satpal Saini is praying for bail in reference to First Information Report dated 30.12.2023 bearing FIR No. 0391 of 2024 P.S. Transit Camp, Rudrapur, District Udham Singh Nagar, wherein, the present applicant has been implicated and the chargesheet for the offence punishable under Sections 376, 504, 506 r/w ¾ of POCSO Act. 5. Learned counse for the applicant submits that the present applicant is languishing in jail since 28.02.2024 and the trial has already been commenced and the victim in her statement recorded under Section 164 of Cr.P.C. stated that whatever be the relation in between both of them are consensual and furthermore the medical of the victim was conducted after two months of the incident and not only this even the victim frequently visits the jail to meet the applicant however only due to the family pressure she does not admit the fact that the victim is in love with the applicant. 6. It is further argued that in fact this is an admitted fact that the applicant and the victim both of them were in love and in her statement recorded under Section 164 of Cr.P.C. the victim gives refrence of the incident of October, 2023. It is also further submitted that the present applicant already suffered long incarceration since he is languishing in jail since 28.02.2024 and the trial has already been commenced and as such there is no need of the custodial interrogation of the present applicant, therefore, the applicant be released on bail. 7. In support of the regular visit of the victim to the jail to meet the applicant the visitation record of the concerned jail is also annexed as Annexure-6. 2025:UHC:7178 8. On the other side, learned Brief Holder Mr. Himanshu Sain have not disputed this fact that the trial has already been commenced and the applicant is languishing in jail since 28.02.2024. 9. After hearing the arguments of learned counsel for the parties and taking into consideration that the trial has already been commenced and the applicant already suffered long incarceration since he is in jail since 28.02.2024, this court is of the view that 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 ‘Manish Saini’ 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.) 14.08.2025 PR 2025:UHC:7178