Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4844 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. 821 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Prince Chauhan, learned legal aid counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. The present applicant ‘Hikmat Singh’ is praying for regular bail in relation to First Information Report dated 19.02.2024 bearing FIR No. 05 of 2024, P.S. Narendranagar, District Tehri Garhwal, wherein, the present applicant has been implicated for the offences punishable under Sections 376AB of IPC r/w Section 5(m)/6 of POCSO Act.
4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and is retired army personnel. He submits that the present applicant is languishing in jail since 19.02.2024 and the chargesheet has already been filed and the trial has already been commenced. He submits that since the trial has been commenced, therefore, there is no need of the custodial interrogation of the present applicant.
5. On the other side, learned Brief Holder Mr. Himanshu Sain submits that the victim was minor at the time of incident as her age was 11 years and he fully supports the case of the prosecution however, learned State counsel have not disputed this fact that the chargesheet has already been filed and the trial has been commenced, therefore, there is no need of the custodial interrogation of the present applicant.
6. Apart from this, learned State counsel have also not disputed this fact that the applicant has no previous criminal history.
7. After hearing the arguments of learned counsel for the parties and further taking into
consideration that the trial has already been commenced and therefore there is no need of the custodial interrogation of the present applicant
2025:UHC:4844 and furthermore the applicant is languishing in jail since 19.02.2024, this court is of the view that 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 ‘Hikmat Singh’ be released on bail on his furnishing of personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 11.06.2025 PR
2025:UHC:4844