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2025 DAILYLAW 8524 (UTT)

UWAISH ANSARI v. STATE OF UTTARAKHAND

BA1/1145/2025 · 2025-07-02

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5594 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1145/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Kurban Ali, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant-Uwaish Ansari, S/o Moinuddin is praying for regular bail in relation to FIR dated 15.02.2025, bearing FIR No. 0088 of 2025, registered at P.S. Rudrapur, District Udham Singh Nagar wherein the present applicant has been implicated for the offences punishable under Sections 87, 64, 137(2) of BNS 2023 read with Section 5/6 of the POCSO Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated which is evident from the fact that victim in her statement recorded under Section 183 of BNSS denied the case of the prosecution. He further submits that applicant is languishing in jail since 20.02.2025 and charge sheet has already been filed and, as such, there is no need of custodial interrogation of the applicant, and, furthermore, the applicant has no previous criminal history. 5. On the other side, Mr. V.S. Pal, learned A.G.A. for the State seriously opposed the bail application by submitting that the age of the victim at the time of the incident was 13 years and as per the medical report the hymen was found ‘ruptured, old healed’. He further submits that after thorough investigation the evidence has been collected and so far as statement of the complainant is concerned, it has no relevance since the victim was minor at 2025:UHC:5594 the time of the incident. 6. After hearing the arguments of the learned counsel for the parties and further taking into consideration the allegations as alleged in the FIR as well as medical report, this Court is of the view that the applicant does not deserve for bail. 7. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 02.07.2025 Parul