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2025 DAILYLAW 9037 (UTT)

ROHIT v. STATE OF UTTARAKHAND

BA1/1230/2025 · 2025-08-14

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:7199 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. 1230 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Ankush Kumar Tyagi, learned counsel, holding brief of Mr. Anuj Kumar Tyagi, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. Present applicant– Rohit S/o Sukhpal is seeking regular bail in relation to first information report dated 26.06.2024 bearing FIR No.0503 of 2024, Police Station Bhagwanpur, District Haridwar, wherein the present applicant has been implicated and charge-sheeted for the offences punishable under Sections 363, 366A, 376(2)(n), 376(3) of Indian Penal Code, 1860 and 3(a)/4(2),5(l)/6 of Protection of Children from Sexual Offences Act, 2012. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated, which is evident from the fact that the applicant is not named in the FIR and the charge-sheet has been filed, He further submits that the trial Court declared both the complainant (father of the victim) as well as the victim hostile. 5. Learned counsel for the applicant also submits that the present applicant is languishing in jail since 27.06.2024 and the trial is going on and as such, there is no need of custodial interrogation of the present applicant and taking into consideration that the complainant and the victim declared hostile by the trial Court, the applicant be released on bail. 6. Mr. Sandeep Sharma, learned AGA for the State have not disputed this fact that the 2025:UHC:7199 trial has already been commenced and during trial, the complainant and his daughter(victim) declared hostile. 7. After taking into consideration that the trial has already been commenced and the present applicant is languishing in jail since 27.06.2024 and the complainant and the victim have 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 instant bail application is allowed. 9. Let the applicant, namely, Rohit, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 14.08.2025 R.Bisht 2025:UHC:7199