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2025 DAILYLAW 6393 (UTT)

NITIN RANA v. STATE OF UTTARAKHAND

BA1/805/2025 · 2025-06-04

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4547 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/805/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. R.S. Sammal, learned counsel for the applicant. 2. Mr. N.S. Kanyal, learned A.G.A. and Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Nitin Rana, S/o Pooran Singh is praying for regular bail in relation to FIR dated 13.03.2024, registered as FIR No. 086 of 2024 at P.S. Khatima, District Udham Singh Nagar wherein the present applicant has been implicated for the offences punishable under Section 363, 376 IPC read with Section 5,6 of the POCSO Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and, in fact, the prosecutrix herself admits her friendship with the present applicant. He further submits that the present applicant is languishing in jail since 14.03.2024 and the charge sheet has already been filed, and, as such, there is no need of custodial interrogation of the applicant. He further submits that there are total 10 prosecution witnesses out of which only four witnesses have been examined and there is no possibility that the trial is expedited soon. 5. Objection has been filed today and the same is taken on record. 6. On the other side, Mr. Himanshu Sain, learned Brief Holder raised serious objection by submitting that the prosecutrix was minor at the time of the incident and supports the case of the prosecution, however, he has not disputed this fact that the charge sheet has already been filed and the present applicant is languishing in jail since 14.03.2024 and 2025:UHC:4547 the trial has been commenced and out of 10 witnesses up till date only 4 witnesses have been examined. 7. After hearing the arguments of the learned counsel for the parties and further taking into consideration that the applicant is languishing in jail since 14.03.2024 and the charge sheet has already been filed and there is no need of custodial interrogation of the applicant, as such, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 9. Let the applicant Nitin Rana be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 04.06.2025 Parul 2025:UHC:4547