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2025 DAILYLAW 7697 (UTT)

SHUBHAM KUMAR v. STATE OF UTTARAKHAND

BA1/1072/2024 · 2025-04-28

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3237 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1072/2024 Hon’ble Alok Mahra, J. Ms. Reema Rana, learned counsel for the applicant. 2. Mr. Pratiroop Pande, assisted by Mr. Devendra Singh, learned AGAs, for the State. 3. Applicant- Shubham Kumar, who is in Judicial custody in connection with Case Crime/FIR No. 0814 of 2023, under Sections 363, 376AB of IPC and 5 (m)/6 POCSO Act, 2012, registered at Police Station Bhagwanpur, District Haridwar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the applicant contends that the applicant has falsely been implicated in this case; there is no independent witness; there are no chances of tempering the evidence; accused has no previous criminal history and he is languishing in jail since 29.11.2023. 6. On the contrary, learned State Counsel vehemently opposed the bail. 7. The victim was 16 years of age at the time of incident; the said fact has been proved by the certificate issued by the Principal of the school in which she was admitted. The fact, as narrated by the complainant about the incident, has been corroborated by the Medico Legal Report as well as the statement of the Doctor. 8. Accordingly, the bail application is rejected. (Alok Mahra, J.) 28.04.2025 Kaushal