2025:UHC:1895 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. 40 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Bharat Chaudhary, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Jaivijendra alias Jairaj is in judicial custody and seeking bail in relation to Special Sessions Trial No.23 of 2024, “State versus Jaivijendra alias Jairaj”, pending in the Court of Special Judge/POCSO District and Session Judge, Tehri Garhwal, arising out of FIR dated 17.05.2024 bearing FIR No. 01 of 2024, wherein the applicant is facing trial for the offences punishable under Section 363, 366-A, 376(2)(n) of IPC read with Section 5(1)/6 of Protection of Children from Sexual Offences Act, 2012. 4. Learned counsel for the applicant submits that the victim, at the time of alleged incident, and as per prosecution, was more than 17 years and the applicant, at that time, was about 22 years’ old; the applicant was in love with the victim, which is evident from the statement of the victim recorded under Section 164 Cr.P.C, and their physical relations was consensual. 5. Learned counsel for the applicant also submits that the charge-sheet has already been filed and the trial has been commenced, therefore, there is no need of custodial interrogation of the present applicant and the applicant is languishing in jail since 27.05.2024. 6. Mr. V.S. Pal, learned AGA has not 2025:UHC:1895 disputed this fact that the charge-sheet has already been filed and the trial has been commenced and the applicant is languishing in jail since 27.05.2024 and having no previous criminal history. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and the trial has been commenced and the applicant is languishing in jail since 27.05.2024, this Court is of the view that the applicant deserves bail. 8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 9. Let the applicant, namely, Jaivijendra alias Jairaj, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 19.03.2025 R.Bisht 2025:UHC:1895