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2025 DAILYLAW 8204 (UTT)

SANTOSH KUMAR v. STATE OF UTTARAKHAND

BA1/1180/2024 · 2025-04-28

Alok Mahra

body2025

Judgment text

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2025:UHC:3240 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1180/2024 Hon’ble Alok Mahra, J. Mr. Prince Chauhan, learned Legal Aid Counsel for the applicant. 2. Mr. Pratiroop Pande, assisted by Mr. Devendra Singh, learned AGAs, for the State. 3. Applicant- Santosh Kumar, who is in Judicial custody in connection with Case Crime/FIR No. 269 of 2023, under Sections 376, 324, 504, 506 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kichha, District Udham Singh Nagar, 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 is no chance of tempering the evidence; accused has no previous criminal history; he is the only earning member in his family and is languishing in jail since 27.07.2023.1 6. On the contrary, learned State 2025:UHC:3240 Counsel vehemently opposed the bail. 7. The victim was 7 years of age at the time of incident; 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. The fact has also been corroborated by the statements of the victim recorded under Sections 161 and 164 of Cr.P.C. 8. Accordingly, the bail application is rejected. (Alok Mahra, J.) 28.04.2025 Kaushal 2025:UHC:3240