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2025 DAILYLAW 7891 (UTT)

HIMANSHU SHARMA v. STATE OF UTTARAKHAND

BA1/1053/2025 · 2025-10-14

Alok Mahra

body2025

Judgment text

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2025:UHC:9111 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.1053 of 2025 Hon’ble Alok Mahra, J. Mr. Mayank Joshi, Advocate for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarahand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.266 of 2024, under Section 365 I.P.C., later altered to Section 363, 366, 376 I.P.C. and Section 5 & 6 of POCSO Act, registered at Police Station Rudrapur, District Udham Singh Nagar. 3. Learned counsel for the applicant contended that the applicant has been falsely implicated, has no prior criminal record, and has been in judicial custody since 27.05.2024. He submits that the alleged incident arose out of a consensual relationship, which is corroborated by the statement of the victim. Learned counsel further submits that out of the six witnesses, four witnesses have already been examined, and the trial is at an advanced stage. 4. Learned State Counsel opposed the application and submitted that the offences alleged are serious in nature and the victim was 14 years of age at the time of incident. It is further submitted that the trial is still underway, and that granting bail at this stage is likely to impede the course of justice, affect the integrity of the investigation, and prejudice the interest of the victim. 2025:UHC:9111 5. Upon careful consideration of the submissions advanced by the learned counsel for the parties and on perusal of the record, this Court is not inclined to grant bail to the applicant at this juncture. 6. Accordingly, the bail application is rejected. However, considering the constitutional right of the accused to a speedy trial and in the interest of justice, the trial Court is directed to expedite the trial and conclude the proceedings at the earliest possible date. Any unnecessary adjournment shall be avoided. (Alok Mahra, J.) 14.10.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048536 5445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.10.14 17:51:49 +05'30'