Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2926 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/648/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Prince Chauhan, learned Legal Aid Counsel for the applicant.
2. Ms. Meenakshi Sharma, learned counsel for the State.
3. Present applicant is praying for regular bail in relation to FIR dated 07.11.2021 bearing FIR No. 0622 of 2021, registered at Police Station – Ramnagar, District – Nainital wherein applicant has been implicated for the offences punishable under Section 363, 366, 376 (3) IPC and under Section 5 (j) (ii) / 6 of the POCSO Act.
4.
Learned counsel for the applicant submits that victim married with the applicant and out of marriage, one male child was born on 21.09.2022, which is evident from the vaccination card, annexure no. 2 to the bail application.
5. Apart from this, he submits that complainant – father of the victim in his examination in chief has admitted that victim married with the applicant and from marriage, one male child was born and now, he has no objection to the marriage. He further submits that since the trial has already been commenced, therefore, there is no need of custodial interrogation.
6. On the other side, Ms. Meenakshi Sharma, learned State Counsel has not disputed this fact that the trial has already been commenced, therefore, there is no need of custodial interrogation of the applicant and PW2 father of the victim in his examination in chief has accepted the marriage of the victim and applicant.
7. After hearing learned counsel for the parties and further taking into consideration that since the trial has already been commenced, therefore, there is no need of custodial interrogation of the applicant and PW2 father of the victim in his examination in chief has also accepted the marriage of the victim and applicant, this Court is
2025:UHC:2926 of the view that applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.
8. Let the applicant “Sonu @ Babu” be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
23.04.2025. SKS