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2025 DAILYLAW 9286 (UTT)

MOH. SHAIBI ALIAS ARMAAN v. STATE OF UTTARAKHAND

BA1/1273/2025 · 2025-07-21

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6334 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1273/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned Addl. Advocate General for the State. 3. Present applicant Moh. Shaibi @ Arman, S/o Mohd. Shoukeen is praying for bail in relation to FIR dated 12.11.2024, registered as FIR No. 0314 of 2024, at P.S. Transit Camp District Udham Singh Nagar, wherein the present applicant along with one unknown person were implicated for the offences punishable under Sections 115(2), 127(2), 352, 351(1)(2) 137(2) 65(1) of BNS 2023 read with Section 5/6 of the POCSO Act. 4. It is contended by the learned counsel for the applicant that applicant is innocent and has been falsely implicated, and, furthermore charge sheet has been filed as well as charges have also been framed, therefore, at this juncture there is no need of custodial interrogation of the present applicant. Apart from this, he submits that the applicant has no previous criminal history. 5. On the other side, Ms. Pushpa Bhatt, learned Addl. Advocate General vehemently opposed the bail application by submitting that admittedly the victim was minor at the time of the incident, i.e., 15 years and after collecting all credible evidences the charge sheet has been filed and also submits that victim in her statement fully support the case of the prosecution and the medical report also support the case of the prosecution. 6. Having heard learned counsel for the parties, and taking into consideration the seriousness of the allegation particularly 2025:UHC:6334 the age of the victim as well as the medical report this Court is of the view that the applicant does not deserve for bail. 7. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 21.07.2025 Parul