2025:UHC:5595 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1142/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Mohd. Umar and Mr. Zakir Ali, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant- Salman, S/o Mukhtyar Shah, is praying for regular bail in relation to FIR dated 12.04.2025, bearing FIR No. 118 of 2025 registered at P.S. Jaspur District Udham Singh Nagar wherein the present applicant along with his father Mukhtyar Shah and his wife Fayima have been implicated for the offences punishable under Sections 115, 351(2) 352, 64(1), 89 of BNS 2023 read with Section 3/4/16/17 of the POCSO Act. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and the main allegation with regard to the commission of offence, as alleged, is against his father Mukhtyar Shah and after collecting all credible evidence his father has been charge sheeted. He submits that so far as present applicant is concerned, whatever the allegation as alleged in the FIR is afterthought. He submits that the applicant is innocent which is evident from the fact that as per the FIR, since, the main allegation is against his father who has been charge sheeted and is in jail, and rest of the allegations are nothing but afterthought. He further submits that against the present applicant charge sheet has been filed. 5. On the other side, Mr. V.S. Pal, learned A.G.A. submits that as per the 2025:UHC:5595 prosecution, in fact, the allegation of commission of rape is against Mukhtyar Shah who has been charge sheeted and the applicant is also charge sheeted but there is no allegation against him for commission of rape. He has not disputed this fact that against the applicant and his father investigation has already been completed and the charge sheet has been filed. 6. After considering the arguments of the learned counsel for the parties, and taking into consideration that main accused, as per the prosecution, is Mukhtyar Shah, who is the father of the applicant and the charge sheet has been filed against his father and the applicant, therefore, at this juncture since main allegation is against Mukhtyar Shah and since investigation has already been completed, therefore, there is no need of custodial interrogation of the applicant. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant-Salman be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail the applicant shall not make any attempt to influence part pending investigation which is going on against remaining accused, if he make any such attempt then the prosecution is directed to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 02.07.2025 Parul 2025:UHC:5595