Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6365 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/714/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Bharat Chaudhary,
learned counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant Rahul, S/o Harish Mistri is praying for bail in relation to FIR dated 13.05.2024, registered as FIR/Case Crime No. 19 of 2024 at P.S. Tehri, District Tehri Garhwal which was lodged against unknown person for the offences punishable under Sections 363 and, 366A IPC, and, thereafter on completion of the investigation the charge sheet has been filed for the offences punishable under Sections 376 IPC read with Section 3/4 of the POCSO Act.
4. It is submitted by the learned counsel for the applicant that applicant is innocent and has been falsely implicated, and, in fact, the applicant was in love with the victim. He further submits that though victim was minor at the time of the incident, i.e., 16 years but the applicant was also of tender age, though major, aged about 20 years. He further submits that present applicant was arrested for the said offence on 16.05.2024 and thereafter charge sheet was filed on 17.07.2024, as such, there is no need of custodial interrogation of the applicant. Apart from this, he submits that the victim in her statement recorded under Section 164 Cr.P.C. admits love affair in between her and the applicant. He further submits that the applicant has no previous criminal history.
2025:UHC:6365
5. On the other side, Mr. Pankaj Joshi learned A.G.A. have not disputed this fact that charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and also not disputed this fact that the applicant is languishing in jail since
16.05.2024.
6. After hearing the arguments of the
learned counsel for the parties and taking into consideration that that the charge sheet has already been filed and present applicant is languishing in jail since 16.05.2024, therefore, this Court is of the view that the applicant deserves for bail.
6. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed.
7. Let the applicant Rahul be released on 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.)
21.07.2025 Parul
2025:UHC:6365