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2025 DAILYLAW 8527 (UTT)

MOHD ASIF v. STATE OF UTTARAKHAND

BA1/1148/2025 · 2025-07-03

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5705 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. 1148 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Prateek Tripathi, learned Legal Aid counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Mohd. Asif S/o Mohd. Shamsher Alam is seeking regular bail in relation to first information report dated 06.05.2024 bearing FIR No.0235 of 2024, Police Station Rudrapur, District Udham Singh Nagar, which was lodged against unknown person for the offence punishable under Section 365 of the IPC, 1860, in which after investigation the applicant has been charge-sheeted for the offences punishable under Section 363, 366 and 376 IPC read with Section 5/6 of POCSO Act. 4. It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated, and, in fact, as per the statement of the victim, the victim known to the applicant and also wants to get marry with the applicant. 5. He further submits that the applicant is languishing in jail since 07.07.2024 and the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant. 6. On the other side, Mr. Himanshu Sain, learned Brief Holder for the State, seriously opposed the bail application by submitting that after collecting all credible evidences, the charge-sheet has been filed and admittedly, the victim was minor age of 15 years at the time of incident. Both belong 2025:UHC:5705 to different religion and there is no any such document with regard to conversion of religion, therefore, there is no any question of marriage. Apart from this, he also submits that the victim, in her statement recorded under Section 161 and 164, supports the case of the prosecution 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration the age of the victim, this Court is of the view that since after collecting all credible evidences, the charge-sheet has been filed, therefore, the applicant does not deserve for bail. 8. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 03.07.2025 R.Bisht 2025:UHC:5705