2025:UHC:6787 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1330/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Abhishek Verma, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant Ashif, S/o Gulzar is praying for bail in relation to FIR dated 28.12.2024, bearing FIR No. 700 of 2024, registered at P.S. Pathri, District Haridwar wherein the present applicant is charge sheeted for the offences punishable under Sections 137(2), 64(2)(m) of BNS 2023 read with Section 5(l)/6 of the POCSO Act. 4. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, and, in fact, the victim at the time of the incident was, though, minor but aged about 16 years, and the applicant though major but was of the tender age and both of them known to each other since last three years which the victim admit in her statement recorded under Section 183 of BNSS. He further submits that victim herself refused to go for medical examination, and, as such, there is no medical report. He also submits that charge sheet has already been filed on 18.02.2025, based on the statement of the complainant-brother of the victim. He submits that the applicant was arrested in the said crime on 15.01.2025, and since then he is in jail and since charge sheet has been filed on 18.02.2025, therefore, there is no need of custodial interrogation of the applicant. Apart from this, he submits that the applicant has no previous 2025:UHC:6787 criminal history. 5. On the other side, Ms. Meenakshi Sharma, learned Brief Holder for the State submits that after collecting all credible evidence charge sheet has been filed, however, she has not disputed this fact that there is no medical report since the victim herself refused to go with the medical examination. 6. After hearing the arguments of the learned counsel for the parties, and taking into consideration that the charge sheet has already been filed and therefore there is no need of custodial interrogation of the applicant, and, furthermore, the applicant has no previous criminal history and he is languishing in jail since 15.01.2025, this court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 8. Let the applicant Ashif be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 01.08.2025 Parul 2025:UHC:6787