Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5517 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. 1123 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Kandpal and Mr. Varun Agarwal, learned counsel for the applicant.
2. Mrs. Pushpa Bhatt, learned Deputy Advocate General for the State.
3. The present applicant ‘Sohail Qureshi’ S/o Nisar Ahmed is praying for regular bail in relation to First Information Report dated 23.10.2024 bearing FIR No. 455 of 2024 P.S. Kotwali Dehradun, District Dehradun, wherein the present applicant and his mother Gulshan Jahan were implicated for the offences punishable under Sections 115(2), 137(2), 351(3), 352, 61(2) r/w Section 64 of BNS, 2023 and Section 5j(ii) r/w Section 6 and 51 of POCSO Act.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and in fact the applicant and the victim known to each other through Instagram two years back and subsequently both of them married with each other and from their marriage one child is also born.
5. Apart from this, it is also submitted by the
learned counsel for the applicant that the victim/complainant herself in her statement as PW1 recorded on 26.03.2025 clearly stated that she married with the applicant and also nine months pregnant from him and she was not compelled to marry with the applicant. Apart from this, he submits that after completion of the investigation the chargesheet has already been filed and as such there is no need of the custodial interrogation of the present applicant.
6. On the other side, Mrs. Pushpa Bhatt, learned Deputy Advocate General seriously oppose the bail application by submitting that the victim at the time of alleged incident was minor and as such her concurrence has no relevance; however, she has not disputed about the statement of the victim, who was examined as PW1 on 26.03.2025, wherein, she admits that she married with the applicant.
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7. After hearing the arguments of learned counsel for the parties and further taking into
consideration that on completion of the investigation chargesheet has already been filed and as such there is no need of custodial interrogation of the present applicant and furthermore PW1, the victim, in her statement admits this fact that the victim married with the applicant, this court is of the view that the 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 ‘Sohail Qureshi’ 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.) 30.06.2025 PR
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