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2025 DAILYLAW 9196 (UTT)

AKASH ALIAS BUNTY v. STATE OF UTTARAKHAND

BA2/216/2023 · 2025-06-10

Alok Mahra

body2025

Judgment text

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2025:UHC:4775 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No.216 of 2023 Hon’ble Alok Mahra, J. Mr. Sanjay Kumar, Amicus Curiae for the applicant. Mr. Tumul K. Nainwal, A.G.A. for the State of Uttarakhand. 2. This is second bail application moved by the applicant seeking regular bail in Case Crime No. 846 of 2019, under Section 363, 366-A, 386, 376(3), 323, 504, 506 of I.P.C. and Section 1(l)/6 of POCSO Act, registered at Police Station Kotwali Laksar, District Haridwar. 3. The first bail application moved on behalf of the applicant was dismissed by Coordinate Bench of this Court on 08.03.2021. 4. Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime; has no criminal history and is languishing in jail since 21.12.2019. He submits that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court. 5. Per contra, learned State Counsel submits that victim in her statements recorded under Section 161 & 164 Cr.P.C. has fully supported the prosecution version. Furthermore, in the medical report of the prosecutrix, doctor has opined that her hymen was found torn. 2025:UHC:4775 6. I have considered the submission advanced by the learned counsel for the parties. 7. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the applicant at this stage. 8. Consequently, the second bail application is rejected. (Alok Mahra, J.) 10.06.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dd db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.06.11 09:53:25 +05'30'