2025:UHC:6525 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. 1300 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mukesh Kumar Kaparuwan and Mr. Akshay Joshi, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Birbal Mall’ S/o Damodar Ram is praying for bail in relation to First Information Report dated 26.12.2024 bearing FIR No. 78 of 2024 P.S. Jajardewal, District Pithoragarh, wherein, one person namely Santosh Mistri was implicated for the offences punishable under Sections 376(2)(i) of IPC r/w Section 5/6 of POCSO Act. 4. It is argued by the learned counsel for the applicant that the FIR was lodged by the mother of the victim, however there is no allegation against the applicant even the applicant is not named in the FIR and whatever be the allegation has been alleged that is against Santosh Mistri, who is named in the FIR. Even the victim during investigation has not disclosed the name of the applicant but she developed new case in her statement recorded under Section 183 of BNS, 2023. 5. He further argued that after recording the statement under Section 183 of BNS, 2023 the victim was again interrogated and the same was entered in the G.D. and the statement as given under Section 161 of Cr.P.C. is completely contrary to the statement recorded under Section 183 of BNS, 2023. He submits that the applicant has been falsely implicated. He further submits that the charge-sheet has already been filed and the trial has been commenced and uptill date three prosecution witnesses have been examined and furthermore the applicant have no previous criminal history, therefore, the applicant be enlarged on bail. 6. On the other side, Mr. Siddhartha Bisht, 2025:UHC:6525 learned A.G.A. have not disputed this fact that the charge-sheet has already been filed and as such there is no need of custodial interrogation of the applicant and the applicant has no previous criminal history. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that since the charge-sheet has been filed and as such there is no need of custodial interrogation of the present applicant and furthermore the applicant has no previous criminal history, 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 bail application is allowed. 9. Let the applicant ‘Birbal Mall’ 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.) 24.07.2025 PR 2025:UHC:6525