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2025 DAILYLAW 6750 (UTT)

ABHISHEK v. STATE OF UTTARAKHAND

BA1/853/2025 · 2025-05-20

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4160 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/853/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Dharmesh Kumar, learned counsel for the applicant. 2. Mr. V.S. Pal, learned Assistant Government Advocate for the State. 3. Present applicant ‘Abhishek,’ is praying for regular bail in relation to First Information Report dated 18.09.2024 bearing FIR No. 0543 of 2024, Police Station – Gangnahar, District – Haridwar, wherein present applicant has been implicated for the offences punishable under Section 137 (2) (1), 65 (1), 75 (1), 87 BNS and under Section 3 (a) / 4 (2) and 7 / 8 of the POCSO Act. 4. Learned counsel for the applicant submits that present applicant and victim are known to each other for the last one year and they were in love and whatever be the relations were developed in between them that was consensual. He has not disputed that victim is a minor but he submits that applicant was also of tender age of 20 years at the time of incident. He further submits that statement as given by the victim appears to be tutored one and there are contradictions on her statement. 5. Apart from this, he submits that charge- sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant and the applicant has no previous criminal history. 6. On the other side, learned State Counsel have not disputed this fact that charge-sheet has already been filed, therefore, there is no need of custodial interrogation and present applicant has no previous criminal history. 7. After hearing the arguments of learned 2025:UHC:4160 counsel for the parties and further taking into consideration that present applicant has no previous criminal history and charge-sheet has already been filed, therefore, there is no need of custodial interrogation, therefore, this Court is of the view that 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 ‘‘Abhishek” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 20.05.2025. SKS