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2025 DAILYLAW 8288 (UTT)

MOHAMMAD SEHJAD v. STATE OF UTTARAKHAND

BA1/1122/2025 · 2025-07-01

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1122/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned Assistant Government Advocate for the State. 3. Present applicant “Mohammad Sehjad, son of Tasleem Ansari”, is praying for regular bail in relation to First Information Report dated 17.10.2024 bearing FIR No. 0516 of 2024, Police Station – Jaspur, District – Udham Singh Nagar, wherein present applicant has been implicated for the offences punishable under Sections 5 (j) (ii) and 6 of the POCSO Act and Section 65 (1) of BNS, 2023. 4. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated and at the time of incident, according to the prosecution, age of the victim was 13 years but according to the applicant, she is 20 years, which is evident from Annexure No. 7 to the bail application. He further submits that victim was examined as PW1 on 28.02.2025 wherein she disclosed her actual date of birth as 15.01.2005 and furthermore, in paragraph 10, she stated that physical relation in between the applicant and the victim was consensual one and both of them want to marry with each other. 5. Apart from this, learned counsel for the applicant submits that since charge sheet has already been filed, therefore, there is no need of custodial interrogation and applicant has no previous criminal history. 6. On the other hand, learned AGA has not disputed this fact that charge sheet has already been filed, therefore, there is no need of custodial interrogation and the applicant has no previous criminal history. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that charge sheet has already been filed, therefore, there is no need of custodial interrogation and the applicant has no previous criminal history, therefore, this Court is of the view that applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant ‘‘Mohammad Sehjad, son of Tasleem Ansari”, be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 01.07.2025. SKS