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2025 DAILYLAW 6132 (UTT)

GULBAHAR v. STATE OF UTTARAKHAND

BA1/769/2025 · 2025-06-25

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5394 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. 769 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Bilal Ahmed, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. The present applicant ‘Gulbahar’ is praying for regular bail in relation to First Information Report dated 05.12.2024 bearing FIR No. 871 of 2024 P.S. Bhagwanpur, District Haridwar, wherein, the present applicant is implicated for the offences punishable under Sections 3(a), 4(ii) of POCSO Act r/w Section 137(2) and 65(1) of BNS, 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and is languishing in jail since 05.02.2025 and furthermore the chargesheet has already been filed and the trial has been commenced and as such there is no need of custodial interrogation of the present applicant. 5. He further submits that even as per the allegations alleged in the FIR whatever be the relations in between both of them the applicant and the victim it appears to be consensual. Learned counsel for the applicant submits that the victim gives contradictory statement during her examination-in-chief and there are the great contradiction on her statement. 6. Apart from this, he submits that the applicant at the time of incident was 18 years old and the victim was 15 years old and both of them were in love with each other. 7. On the other side, learned A.G.A. Mr. Sandeep Sharma have not disputed this fact that the chargesheet has already been filed and the trial has been commenced and the applicant was also at the tender age of 18 years at the time of the incident, this court is of the view that since the chargesheet has been filed, therefore, there is no need of custodial interrogation of the present 2025:UHC:5394 applicant and as such the 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 ‘Gulbahar’ 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.) 25.06.2025 PR