Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6999 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1160/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. S. C. Burman, learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned AGA for the State.
3. The present applicant ‘’Aditya, son of Shri Raju,” is praying for bail in relation to First Information Report dated 06.03.2025 bearing FIR No. 68 of 2025, Police Station – Gangnahar, District – Haridwar wherein the present applicant has been implicated for the offence 137 (2) BNS, 2023 and on completion of the investigation, charge sheet has been filed for the offence punishable under Section 137 (2), 64 (2) (m), 65 (1) and 87 of BNS, 2023 and under Section 3(A)/4(2), 5 (l)/6 of the POCSO Act.
4. It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and in fact, victim and applicant are in love with each other and victim though minor and 15 years old but applicant is also of tender age of 18 years. He further submits that whatever be the physical relation was made in between both of them that was consensual. He further submits that since the charge sheet has already been filed, therefore, there is no need of custodial interrogation and applicant is languishing in jail since 06.03.2025. He further submits that the applicant has no previous criminal history.
5. On the other side, Mr. Pankaj Joshi, learned AGA have not disputed this fact that the charge- sheet has already been filed, therefore, there is no need of the custodial interrogation of the present applicant and applicant is languishing in jail since 06.03.2025 and about consensual relationship, he fairly submits that prima facie, relation appears to be consensual in nature, though victim was minor at the time of incident and all these aspects are subject matter of the trial.
6. After hearing the arguments of learned
2025:UHC:6999 counsel for the parties and further taking into
consideration that the charge-sheet against the present applicant has already been filed and furthermore, applicant is languishing in jail since 06.03.2025, this Court is of the view that the applicant deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
8. Let the applicant ‘‘Aditya, son of Shri Raju,” 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.) 08.08.2025 SKS
2025:UHC:6999