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2025 DAILYLAW 6363 (UTT)

TAJAMMUL v. STATE OF UTTARAKHAND

BA2/108/2025 · 2025-05-13

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.108 of 2025 Tajammul ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Ankur Singhal, Advocate holding brief of Mr. Harshpal Sekhon, Advocate for the applicant. Mr. Virendra Singh Rawat, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR No.113 of 2023, dated 02.05.2023, under Sections 376(3), 506 IPC and Sections 5j(ii)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Banbhoolpura, District Nainital. He has sought his release on bail. It is second bail application of the applicant. His first bail application has already been rejected on 03.06.2024. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the applicant would submit that the victim as well as the complainant, both have not supported the prosecution case during trial; they have turned hostile; there is no other evidence against the applicant. 2 4. Learned State counsel admits these facts. 5. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 6. The bail application is allowed. 7. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount; to the satisfaction of the court concerned. (Ravindra Maithani, J.) 13.05.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd5 04686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD 8EC450A84B515A087CAEFD1B3179A7DEAE406 99, cn=SANJAY KANOJIA Date: 2025.05.13 17:19:45 +05'30'