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2025 DAILYLAW 9420 (UTT)

DURGA PRASAD v. STATE OF UTTARAKHAND

BA1/1417/2024 · 2025-06-13

Alok Mahra

body2025

Judgment text

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2025:UHC:4919 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.1417 of 2024 Hon’ble Alok Mahra, J. Mr. D. N. Sharma, learned counsel for the applicant. 2. Mr. Akshay Latwal, A.G.A. for the State of Uttarakhand. 3. This is first bail application moved by the applicant seeking regular bail in Case Crime/FIR No.0076 of 2022, under Sections 323, 376(3) & 506 of IPC and Section 5(n)/ 5 (j) (ii) of POCSO Act, registered at Police Station Khatima, District Udham Singh Nagar. 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 long. He submits that applicant is the step-father of the victim, on the instructions of her mother, victim has given statement against the applicant. 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. Learned State Counsel vehemently 2025:UHC:4919 opposed the bail application. He submits that, in the statements of victim recorded under Sections 161 & 164 of Cr.P.C. and the statement recorded before the trial court, she has categorically made allegations against the applicant, which supports the prosecution story. Admittedly, as per the statement of Principal, the age of the victim was 14 years, at the time of incident. He has drawn the attention of this Court to the FSL report, wherein the DNA of the victim, her newborn baby and the accused matched with each other. He submits that specific role has been assigned to the present applicant and, as such, applicant should not be granted bail. 6. I have considered the submission advanced by the learned counsel for the parties. I am not inclined to grant bail to the applicant at this stage. The bail application is rejected. (Alok Mahra, J.) 13.06.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00A7A13C14A680C3F A90, cn=BALWANT SINGH Date: 2025.06.13 17:14:18 +05'30'