Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3285 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/733/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Arjun Arora, learned counsel holding brief of Mr. Abhishek Verma, learned counsel for the applicant.
2. Ms. Meenakshi Sharma, learned Brief Holder for the State.
3. Present applicant - Ramjani, son of Gaffoor Ali, is seeking regular bail in relation to FIR dated 18.10.2021 bearing FIR No. 0643 of 2021, registered at Police Station – Kotwali Jwalapur, District – Haridwar which was lodged against unknown persons for the offences punishable under Section 376A, 376B IPC read with under Section 5m/6 of the POCSO Act.
4.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and TIP was done only on the basis of sketch. He further submits that there is no direct evidence against the present applicant and furthermore, charge-sheet has already been filed, therefore, there is no need of custodial interrogation and applicant has no previous criminal history. He further submits that no ground of arrest was given to the applicant, at the time of arrest of the applicant, which is in violation of Article 22 of the Constitution of India. He further submits that identification of the applicant in the matter is fishy and doubtful.
5. On the other hand, Ms. Meenakshi Sharma, learned State Counsel has vehemently opposed the bail application. She submits that the victim in her statement recorded under Section 164 Cr.P.C. has supported the case of prosecution and on the basis of description given by her, sketch of the applicant was prepared and she identified him. PW4 – the doctor, who has examined the victim, in her examination in chief has supported the prosecution’s case and stated that hymn of the victim was torn (fresh). She further submits that at the time of incident, victim was 12 years old. She
2025:UHC:3285 further submits that four witnesses have already been examined and trial is going on.
6. After hearing learned counsel for the parties and further going through with the contents of the FIR and statements of victim and doctor, this Court is of the view that applicant does not deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is rejected.
7. Trial court is directed to expedite the trial as soon as possible.
(Rakesh Thapliyal, J.)
30.04.2025. SKS