Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5932 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/723/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Lalit Miglani, learned counsel for the applicant.
2. Mr. V. S. Pal, learned Assistant Government Advocate, for the State.
3. Present applicant ‘Sameer Ahmed, son of Shri Shaukin’ is praying for regular bail in relation to First Information Report dated 30.03.2024 bearing FIR No. 231 of 2024, Police Station – Patel Nagar, District – Dehradun wherein present applicant has been charge sheeted for the offences punishable under Section 376 (3) IPC and under Section 3 (ka) / 4 of the POCSO Act.
4.
Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated and charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and the applicant is languishing in jail since 26.05.2024 and. He further submits that in the charge sheet there are 13 prosecution witnesses and uptil date only 2 prosecution witnesses i.e. victim and her father have been examined.
5. Apart from this, he further submits that the complainant has also implicated, his daughter in law Sana and no charge sheet has been filed against her. He further submits that when the bail application of the applicant was rejected by the Sessions Judge, the Prosecution apprised to the Court that Sana is no more.
6. On the other side, learned State Counsel have not disputed this fact that charge-sheet has been filed on 30.04.2024 and uptil date only two prosecution witnesses have been
2025:UHC:5932 examined and the applicant is languishing in jail since 26.05.2024.
7. After hearing the arguments of learned counsel for the parties and further taking into
consideration that charge-sheet has been filed on 30.04.2024 and uptil date only two prosecution witnesses have been examined and the applicant is languishing in jail since 26.05.2024 and there is no any such possibility that trial will be concluded in a short span of time, therefore, this Court is of the view that applicant deserves for bail.
8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
9. Let the applicant ‘Sameer Ahmed, son of Shri Shaukin’ 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.)
09.07.2025. SKS
2025:UHC:5932