2025:UHC:6437 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.704 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Vipin Kumar, learned counsel, holding brief of Mr. Vikas Pande, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Nawab alias Baby S/o Yaseen is seeking regular bail in relation to first information report dated 18.05.2024, bearing FIR No. 0011 of 2024, Police Station Tallital, District Nainital, wherein the present applicant has been implicated for the offences punishable under Sections 354-D, 376, 452, 504 and 506 of IPC, 1860 read with Section 3/4 and 7/8 of POCSO Act, 2012. 4. It is contended by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated, and, furthermore, the charge-sheet has already been filed and the trial has been commenced and most of the star witnesses have been examined and the applicant is languishing in jail since 19.05.2024. Apart from this, he submits that even on perusal of the contents of the FIR, no cognizable offences are made out and the victim during her examination, built up a new case, which is completely contrary to the allegations as alleged in the FIR. 5. He also submits that the FIR has been lodged by the father of the victim and as per the FIR, itself, the parents of the victim were the eye-witnesses of the incident and such an alleged incident that too in the presence of the parents of the victim are highly improbable. 6. On the other side, Mr. Siddhartha Bisht, learned AGA for the State have not 2025:UHC:6437 disputed this fact that the trial has been commenced and therefore, there is no need of custodial interrogation of the present applicant and the applicant is languishing in jail since 19.05.2024, however, he has also apprised to this Court that the applicant has previous history of two criminal cases but in both the cases the applicant is already bailed out. 7. Learned State counsel also submits that taking into consideration that there are two criminal cases against the present applicant, some stringent conditions may be imposed upon the present applicant. 8. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the trial has been commenced and the custodial interrogation of the present applicant is not at all required and the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 10. Let the applicant, namely, “Nawab alias Baby,” 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. 11. It is made clear that after being released on bail, the applicant shall report his presence before the nearest police station in every 15 days and the concerned SHO shall record his presence and if the applicant is found to be indulged in any such criminal activity, then the prosecution is directed to take immediate steps for cancelling bail. (Rakesh Thapliyal, J.) 22.07.2025 R.Bisht 2025:UHC:6437