Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6802 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. 816 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Mehboob Rahi and Mr. Kaushal Pandey,
learned counsel for the applicant.
2. Mr. G.S. Sandhu, learned Additional Advocate General for the State.
3. The present applicant ‘Neeraj’ S/o Kuber Prasad is praying for bail in reference to First Information Report dated 01.03.2024 bearing FIR No. 134 of 2024, P.S. Bhagwanpur, District Haridwar, wherein, the applicant was implicated and charge-sheeted for the offences punishable under Section 376AB of IPC r/w Section 5(m)/6 of POCSO Act.
4. It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 03.03.2024 and the chargesheet was already filed on 17.03.2024 and even the trial has been commenced and there are in total 10 witnesses and 5 witnesses uptill date has been examined.
5. Though the detail counter affidavit has been filed but this court is of the view that trial is at a concluding stage without expressing any opinion on the merit of the case, the trial has to be expedited.
6.
Learned counsel for the applicant argued that in this particular case the concerned Special Prosecution Officer is repeatedly seeking adjournment due to which trial is being delayed.
7. To examine why the concerned Special Prosecutor is repeatedly seeking adjournment the District Magistrate joined the proceeding through V.C. and undertakes that he will examine this aspect and take appropriate steps.
8.
Learned counsel for the applicant also fairly submits that let this trial be expedited since out 10 prosecution witnesses uptill date 5 witnesses have been examined and the applicant is languishing in jail since last more than one year.
9. Mr. G.S. Sandhu, learned Additional Advocate General also submits let this trial be
2025:UHC:6802 expedited.
10. In view of the submission as advanced by the learned counsel for the parties Trial Court is
directed to expedite Special Session Trial No. 42 of 2024 on its merit within a period of six months positively without giving any unnecessary adjournment to prosecution.
11. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is rejected.
12. Registry is directed to send the copy of this
order to the concerned Trial Court forthwith so that the Trial Court may proceed and conclude the Trial.
(Rakesh Thapliyal, J.) 01.08.2025 PR
2025:UHC:6802