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2025 DAILYLAW 5985 (UTT)

LAVKUSH v. STATE OF UTTARAKHAND

BA1/756/2025 · 2025-07-30

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:6663 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/756/2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Neelima Mishra Joshi, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate and Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant ‘Lavkush, son of Shri Nakali,’ is praying for regular bail in relation to Case Crime No. 342 of 2020, Police Station – Ranipur, District – Haridwar wherein present applicant is facing trial for the offences punishable under Section 363, 376 (2) (N) IPC and under Section 5 (k), 5 (l) / 6 of the POCSO Act, Special Session Trial No. 15 of 2021 pending in the Court of Special Judge, POCSO Act, Haridwar. 4. The instant bail application has been moved through the Legal Aid Counsel, on the letter of the applicant forwarded by Jailor of the District Jail, Haridwar and argued that applicant is languishing in jail since 18.11.2020 and the trial has already been commenced and applicant has no previous criminal antecedents, therefore, considering his long incarceration, which he suffered since 18.11.2020, he may be released on bail. 5. On the other side, Mr. Siddharath Bisht, learned State Counsel have not disputed this fact that present applicant is languishing in jail since 18.11.2020 and has no previous criminal antecedents and trial has already been commenced and most of the star witnesses have already been examined. 6. After hearing the arguments of learned counsel for the parties and further taking into consideration that the present applicant has suffered long incarceration as he is languishing in jail since 18.11.2020 and applicant has no previous criminal history and most of the star witnesses have already been examined in the trial, therefore, 2025:UHC:6663 this Court is of the view that applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant ‘‘Lavkush, son of Shri Nakali,’’ 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.) 30.07.2025. SKS