Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5933 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/915/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Vaibhav Singh Chauhan, learned counsel for the applicant.
2. Mr. V. S. Pal, learned Assistant Government Advocate, for the State.
3. Present applicant ‘Yogesh, son of Shri Surendra Kumar’ is praying for regular bail in relation to First Information Report dated 23.01.2023 bearing FIR No. 0048 of 2023, Police Station – SIDCUL, District – Haridwar wherein present applicant has been implicated for the offence punishable under Section 363, 366, 376 (2) (n) IPC and under Section 5 (l) / 6 of the POCSO Act.
4.
Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated, which is evident from the fact that victim in her statement stated that she is in love with the applicant and she was working with the applicant in a company known as Surya Processed Food Ltd., Haridwar, which itself shows that she was not minor, as she was working in the Company and she had already married with the applicant.
5. Apart from this, learned counsel for the applicant submits that investigation was carried out by the I.O. in a very mechanical manner and without examining the age of the victim, particularly, the fact that she was working in a Company, charge sheet has been filed. He further submits that and present applicant is languishing in jail since 03.04.2023.
6. On the other side, learned State Counsel have not disputed this fact that charge-sheet has already been filed and present applicant is
2025:UHC:5933 languishing in jail since 03.04.2023.
7. After hearing the arguments of learned counsel for the parties and further taking into
consideration that charge-sheet has been filed, therefore, there is no need of custodial interrogation and the present applicant suffered long incarceration as he is languishing in jail since 03.04.2023, 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 ‘Yogesh, son of Shri Surendra Kumar’ 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.)
09.07.2025. SKS