2025:UHC:5355 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1108/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Mohd. Safdar, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned Addl. Advocate General for the State. 3. Present applicant Mohd. Asif, S/o Mustafa is praying for regular bail in relation to FIR dated 02.03.2025, bearing FIR No. 77 of 2025 registered at P.S. Kaliyar Sharif, District Haridwar wherein the present applicant along with 11 persons has been implicated for the offences punishable under Sections 16/17 read with Section 3/4 of the POCSO Act and Sections 3, 5, 6, 7 of the Immoral Traffic (Prevention) Act, 1956 read with Section 64 and 144 of BNS 2023. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated which is evident from the fact that the victim on her re-examination disclosed the name of the applicant and one Saddam, though before re-examination she has disclosed the name of Mustafa and Adil. He submits that Saddam is the S/o Mustafa who was granted bail by this Court on the ground that as per the prosecution Mustafa is the main accused who is still absconding. Learned counsel for the applicant submits that the applicant has no previous criminal history. 5. On the other side, Ms. Pushpa Bhatt, learned Addl. Advocate General though has not disputed this fact that the name of the applicant and Saddam were disclosed on re-examination by the victim and earlier victim disclosed the name of Adil and Mustafa and Mustafa is absconding. She further submits that investigation is 2025:UHC:5355 going on and the main accused is still absconding and if the applicant is enlarged on bail then there may be possibility that he may make all possible efforts to frustrate the ongoing investigation. Ms. Pushpa Bhatt, further submits that the other co-accused Saddam has been granted bail and the role of the present applicant is almost similar to Saddam and he deserves parity but she submits that that since investigation is still going on particularly against accused person Mustafa, who according to the applicant and Saddam (other co-accused) is the main accused and still absconding, therefore, if the applicant is enlarged on bail some stringent condition may be imposed. 6. I found force on the submission of the learned Addl. Advocate General. The suggestion that some stringent condition may be imposed on applicant is appreciable. Mr. Safdar voluntarily accepts that some stringent condition may be imposed upon the applicant. 7. After hearing the arguments of the learned counsel for the parties and taking into consideration that other co-accused Saddam has already been enlarged on bail by this Court, this Court is of the view that the applicant deserves for bail, however, this Court is also of the view that since investigation is going against other co- accused who is still absconding, some stringent condition should be imposed upon the applicant. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant Mohd. Asif be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. It is made clear that after being released on bail (1) the applicant will not make any attempt to frustrate the 2025:UHC:5355 investigation and will not influence any witness. (2) The applicant shall report to the nearest police station in every 15 days and concerned S.H.O. shall record his presence. (3) The applicant shall surrender his passport, if any, to the concerned court. (4) If the applicant is found to be indulged in any such activities in future, the concerned court shall take immediate steps to cancel his bail. (Rakesh Thapliyal, J.) 25.06.2025 Parul 2025:UHC:5355