Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6159 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/824/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Mohd. Allaudin, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant Irfan, S/o Late Naseem is praying for regular bail in relation to FIR dated 14.11.2024, registered as FIR/Case Crime No. 0844 of 2024 at P.S. Bhagwanpur, District Haridwar wherein the present applicant is facing the trial for the offences punishable under Sections 137(2), 65(1), 87 of BNS 2023 read with Section 3a/4(ii) and 5(l)/6 of the POCSO Act.
4.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated, and, in fact, the applicant married with the victim on 03.11.2024, and at that time victim shown her name as Fiza and according to her Aadhar Card she was major. He further submits that the applicant is languishing in jail since 19.12.2024 and the charge sheet has already been filed, and, as such, there is no need custodial interrogation of the present applicant. Apart from this, he submits that medical report also does not support the case of the prosecution, since, her hymen was found to be intact. He also submits that this is the first marriage of the applicant with the victim and earlier to this he never married to any other lady. He further submits that the applicant still wants to live with the victim since he married with the victim on 03.11.2024. Nikahnama is also placed on record as Annexure-3 along with certain
2025:UHC:6159 photographs.
5. On the other side, Mr. Himanshu Sain learned Brief Holder has not disputed this fact that the present applicant is languishing in jail since 19.12.2024, and charge sheet has already been filed, and as such, there is no need of custodial interrogation.
6. After hearing the arguments of the
learned counsel for the parties and further taking into consideration that charge sheet has already been filed and present applicant is languishing in jail since 19.12.2024, this Court is of the view that the applicant deserves for bail.
7. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed.
8. Let applicant Irfan be released on bail on his executing personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
15.07.2025 Parul
2025:UHC:6159