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2026 DAILYLAW 3151 (UTT)

JAVED ALI v. STATE OF UTTARAKHAND

BA2/47/2026 · 2026-04-09

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:2565 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2/47/2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Ms. Suraiya Naaz, learned counsel for the applicant. 2. Mr. Tumul Nainwal, learned AGA for the State. 3. The instant second bail application has been moved by the applicant “Javed Ali, son of Momin Ali” seeking regular bail in reference to Case Crime No. 200 of 2023 in which he is facing trial in Special Sessions Trial No. 168 of 2023 for the offences punishable under Section 323, 363, 376, 504, 506 IPC read with Section 3 (a)/ 4 of the POCSO Act, Police Station – Prem Nagar, District Dehradun. 4. This is the second bail application. First bail application was rejected by this Court on 07.05.2025 5. It is argued by learned counsel for the applicant that after rejection of the first bail application, victim have been examined before the trial court and in her statement, there are major contradictions. He submits that while rejecting the first bail application, this Court directed the trial court to expedite the trial, as early as possible but uptil date only four prosecution witnesses have been examined and there is no possibility that trial would be expedited soon. 6. Learned counsel for the applicant also submits that applicant is languishing in jail since 24.09.2023 and he has no previous criminal antecedents and at the time of incident, he was only 20 years old and victim was only 17 years 11 months. He further pointed out that victim in her examination in chief submits that she knew the applicant since last 5 years which itself shows that applicant 2026:UHC:2565 and victim know each other since long back. 7. On the other hand, learned State Counsel have not disputed that applicant is languishing in jail since 24.09.2023 and uptil date only, four prosecution witnesses have been examined and at the time of incident, applicant was only 20 years old, however, he submits that after collecting credible evidence, charge sheet has been filed. 8. After hearing the arguments of learned counsel for the parties and taking into consideration that applicant is languishing in jail since 24.09.2023 and has no previous criminal antecedents, this Court is of the view that the applicant deserve for bail. 9. Accordingly, without expressing any opinion on the merit of the case the second bail application is allowed. 10. Let the applicant “Javed Ali, son of Momin Ali” be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned. 11. It is made clear that after being released on bail, the applicant shall join the trial court proceedings without seeking any unnecessary adjournment. (Rakesh Thapliyal, J.) 09.04.2026 SKS 2026:UHC:2565