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2025 DAILYLAW 7623 (UTT)

SAHIL v. STATE OF UTTARAKHAND

BA1/994/2025 · 2025-06-12

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4856 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. 994 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Radha Arya, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned AAG, Mr. V.S. Pal, learned AGA and Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant–Sahil S/o Shri Kasim is seeking regular bail in relation to first information report dated 11.04.2025 bearing FIR No. 81 of 2025, Police Station Sahaspur, District Dehradun, wherein the present applicant has been implicated for the offences punishable under Sections 376 and 506 IPC read with Section 5(l)/6, POCSO Act. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and, in fact, the applicant was in love with the victim and both of them belong to same family. She further submits that the victim, herself, gives an affidavit before the SHO concerned on 12.05.2025, wherein she has not supported the case of the prosecution. 5. Learned counsel for the applicant also submits that the applicant is languishing in jail since 02.05.2025 and having no previous criminal history. 6. On the other side, Ms. Pushpa Bhatt, learned AAG, vehemently opposed the bail application by submitting that though the victim in her affidavit has not supported the case of the prosecution, but during her examination-in-chief, she supports the case of the prosecution, therefore, the affidavit has no relevance, and, furthermore, she 2025:UHC:4856 submits that at the time of the incident, the victim was minor. 7. Ms. Pushpa Bhatt, learned AAG also apprises to this Court that the charge-sheet has been filed, and as such, there is no need of custodial interrogation of the present applicant and having no previous criminal history. 8. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and as such, there is no need of custodial interrogation of the present applicant, this Court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 10. Let the applicant, namely, Sahil, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 12.06.2025 R.Bisht 2025:UHC:4856