Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA2/191/2025 Hon’ble Rakesh Thapliyal, J. (Through V.C.)
1. Mr. Chandramauli Sah,learned counsel for the applicant.
2. Mr. V.S. Pal,learned A.G.A. for the State.
3. The present applicant ‘Sunil Kumar, son of Shamsher Ram’, is praying for regular bail in relation to First Information Report dated 18.06.2024 bearing FIR No. 0101 of 2024, P.S. – Kotwali, District Pithoragarh, wherein the present applicant has been implicated for the offence punishable under Section 376 IPC.
4. First bail application has been rejected by this Court on 16.04.2025 and now, the second bail application has been moved on the ground that trial has commenced and during trial, father of the victim has been declared hostile by the trial court on 05.06.2025, that too after rejection of the first bail application.
5. Apart from this, learned counsel for the applicant submits that present applicant has been implicated on the pretext of false promise of marriage. He further submits that both the applicant and victim are married and since the trial has already been commenced, therefore, there is need of custodial interrogation and applicant is languishing in jail since 18.06.2024.
6. On the other side, learned A.G.A. Mr. V. S. Pal, have also not disputed this fact that father of the victim has been declared hostile by the trial court and furthermore, since trial has already been commenced, therefore, there is need of custodial interrogation and victim is a married lady.
7. After hearing the arguments of learned counsel for the parties and further taking into
consideration that since trial has already been commenced, therefore, there is need of custodial interrogation and father of the victim has been declared hostile by the trial court, 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 second bail application is allowed.
9. Let the applicant ‘Sunil Kumar, son of Shamsher Ram’ 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.) 11.09.2025 SKS