Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4650 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/666/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Bharat Chaudhary,
learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. Present applicant- Balwant Prakash S/o Prem Lal is praying for regular bail in relation to FIR dated 11.09.2024 registered as Case Crime No. 36 of 2024 at P.S. Chamba District Tehri Garhwal wherein the present applicant has been implicated for the offences punishable under Sections 64(2)(f), 65(1) of the BNS 2023 and Section 5(n)/6 of the POCSO Act.
4.
Learned counsel for the applicant submits that this is a case of malicious implication which is evident from the fact that there is a land dispute in between the applicant’s father and the informant and the present applicant is the cousin brother of the victim. Apart from this, he submits that no opinion with regard to the sexual relationship has been given by the Doctor, and the present applicant is languishing in jail since 11.09.2024, and furthermore, charge sheet has already been filed, and, as such, there is no need of custodial interrogation of the applicant.
5. On the other side, learned State counsel submits that the victim in her statement supports the case of the prosecution, however, she admits about land dispute in between the applicant’s father and the informant. He also submits that since charge sheet has already been filed, therefore, there is no need of custodial interrogation of the present applicant.
6. After hearing the arguments of the
2025:UHC:4650
learned counsel for the parties and further taking into consideration that the applicant is languishing in jail since 11.09.2024, and charge sheet has already been filed and there is no need of custodial interrogation of the applicant, therefore, this Court is of the view that the applicant deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
8. Let the applicant Balwant Prakash be released bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
06.06.2025 Parul
2025:UHC:4650