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2025 DAILYLAW 9411 (UTT)

NAZIM v. STATE OF UTTARAKHAND

BA2/205/2025 · 2025-09-18

Alok Mahra

body2025

Judgment text

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2025:UHC:8306 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.205 of 2025 Hon’ble Alok Mahra, J. Mr. Alok Kumar, Advocate for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand. 2. This is second bail application moved by the applicant, seeking regular bail in F.I.R. No.125 of 2024, under Section 323, 363, 366, 376(2)(n), 376(AB), 504, 506 I.P.C. and Section 3/4, 5(1), 5(m)/6 POCSO Act, registered at Police Station Piran Kaliyar, District Haridwar. 3. The first bail application moved on behalf of the applicant was dismissed by this Court, on 05.05.2025. 4. Learned counsel for the applicant submits that the applicant has no criminal history and is languishing in jail since 29.03.2024. He submits that the F.I.R. is delayed one, inasmuch as, the same has been lodged after a lapse of about two months of the alleged incident; that complainant’s family has enmity with the applicant, therefore, he has falsely been implicated in the instant case; that there are very less chances of applicant influencing the witnesses, as charge sheet has already been filed; 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. Learned State Counsel vehemently 2025:UHC:8306 opposed the bail application and submits that that the victim, in her statements recorded under Section 161 and 164 Cr.P.C., have fully supported the prosecution version. Furthermore, the allegations made by the victim are supported by the medical evidence, as detailed in her medical report; that on the basis of oral as well as documentary evidence, the Investigating Officer found cogent and credible evidence against the applicant, therefore, he is not entitled to bail. 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.) 18.09.2025 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=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D 454C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.09.18 17:16:39 +05'30' 2025:UHC:8306