Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7084 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. 1425 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Navneet Kaushik, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. The present applicant ‘Arun Kumar’ S/o Biram Singh is praying for bail in reference to First Information Report dated 03.01.2025 bearing FIR No. 0003 of 2025 P.S. Jhabrera, District Haridwar, wherein, the present applicant is implicated for the offences punishable under Sections 5g, 51, 5m,/6 of POCSO Act r/w Section 137(2) and 351(3) of BNS, 2023.
4.
Learned counsel for the applicant submits that the applicant and the complainant the father of the victim both are serving in an Institution namely Chaudhary Bhagat Singh DAV Inter College, Jhabrera, wherein, the complainant is serving as a Head Clerk and the applicant as a Peon. He submits that the incident as alleged in the FIR is absolutely false and nothing was happened and the applicant has been falsely implicated since he made a complaint against complainant to Manager on 31.12.2024. He also submits that in Section 161 statement the complainant stated that since he was busy in Panchayat elections and some of the well wishers advise him to go with the settlement so that the reputation of the institution be not damaged, therefore, he could not lodged the FIR, but subsequently he decided to lodge the FIR.
5. Apart from this, he submits that even the medical report does not support the case of the prosecution and the chargesheet has already been filed and the applicant is languishing in jail since 04.01.2025 and, therefore, at this juncture there is no need of the custodial interrogation of the present applicant and the applicant be enlarged on bail.
6. On the other side, learned A.G.A. Mr.
2025:UHC:7084 Sandeep Sharma have not disputed this fact that the applicant has no previous criminal history and furthermore the chargesheet has already been filed and as such there is no need of the custodial interrogation of the present applicant.
7. After hearing the arguments of learned counsel for the parties and further taking into
consideration that the chargesheet has already been filed and as such there is no need of the custodial interrogation and furthermore the applicant has no previous criminal history and is languishing in jail since 04.01.2025, 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 ‘Arun Kumar’ 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.) 12.08.2025 PR
2025:UHC:7084