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2025 DAILYLAW 5666 (UTT)

SHYAMNATH ALIAS DEEPAK v. STATE OF UTTARAKHAND

BA1/715/2025 · 2025-08-04

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6845 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. 715 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Sheetal Selwal, learned Legal Aid Counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Shyamnath alias Deepak S/o Krishanpal, is seeking bail in relation to first information report dated 16.02.2023 bearing FIR No.0160 of 2023, Police Station Kotwali Haridwar, District Haridwar, wherein the applicant is charge- sheeted and facing trial for the offences punishable under Section 363, 366(A), 376(2)(n) IPC read with Section 5(l)/6 of the POCSO Act. 4. The instant bail application has been moved on behalf of the applicant through legal aid counsel on the basis of the letter of the applicant which was forwarded by District Jail Haridwar, wherein he is praying for bail. He requests that the bail of the applicant be considered. 5. It is contended by learned counsel for the applicant that the applicant is languishing in jail since 23.02.2023 and the charge-sheet was filed on 16.04.2023 and the trial is going on. 6. She also argued that as per the statement of the victim, herself, recorded under Sections 161 and 164 Cr.P.C, the applicant and the victim known to each other since last two years and their relation was consensual. 7. Learned counsel for the applicant further submits that the applicant has no previous criminal history. 2025:UHC:6845 8. On the other side, learned State counsel have not disputed this fact that the charge-sheet has already been filed on 16.04.2023 and the trial is going on and the present applicant is languishing in jail since 23.02.2023 having no previous criminal history. 9. After hearing the arguments of learned counsel for the parties and further taking into consideration that the charge-sheet was already filed on 16.04.2023 and trial is going on, therefore, at this juncture when the trial has already been commenced, there is no need of custodial interrogation of the present applicant and keeping in view of the fact that the present applicant is languishing in jail since 23.02.2023, this court is of the view that the present applicant deserves for bail. 10. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 11. Let the applicant, namely, Shyamnath @ Deepak, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 12. It is made clear that after being released on bail the applicant shall join trial Court proceeding on each and every date without seeking any unnecessary adjournment. (Rakesh Thapliyal, J.) 04.08.2025 R.Bisht 2025:UHC:6845