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2026 DAILYLAW 9194 (UTT)

FAIZAN ALIAS FOZI v. STATE OF UTTARAKHAND

BA1/1434/2025 · 2026-07-30

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures UKHC010122962025 2026:UHC:6632 COURT’S OR JUDGE’S ORDERS BA1/1434/2025 Faizan Alias Fozi --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. Mr. Alok Kumar, learned counsel for the applicant. 2. Mr. Vijay Khanduri, learned Brief Holder for the State. 3. Present applicant-Faizan @ Fozi, S/o Naseem is praying for bail in reference to First Information Report dated 29.03.2024 bearing FIR No. 0233 of 2024, P.S. Manglaur, District Haridwar whereby one unknown person was implicated for the offences punishable under Section 363, 376 (AB) IPC and Section 5(m)/6 POCSO Act. 4. It is argued by learned counsel for the applicant that present applicant is languishing in jail since 30.03.2024 in reference to the aforesaid incident and the charge sheet has been filed on 27.05.2024 and the trial has not been concluded so far; the applicant has no previous criminal history and at the time of arrest the ground of arrest was not communicated. He submits that since the applicant already suffered long incarceration of more than two years and there is no substantial progress in the trial, therefore, the applicant be enlarged on bail. 5. On the other side Mr. Vijay Khanduri, learned Brief Holder for the State vehemently opposed the bail application by submitting that the victim at the time of the incident was 6 years old and medical evidence also supports the case of the prosecution and in fact the victim identified the applicant through CCTV footages. He also submits that there are sufficient evidence against the applicant and since the offence appears to be serious as the age of the applicant at the time of the incident was 25 years and the victim’s age was 6 years, therefore, he does not deserve for bail. 6. After hearing the submissions of learned counsel for the parties and after gone through the record, this Court is of the view that applicant is not entitled to be released on bail. 7. Accordingly, bail application is rejected. 8. However taking into consideration that the present applicant is languishing in jail since 30.03.2024, the trial court is directed to expedite this trial as early as possible, preferably within nine months taking into consideration that the charge sheet was filed on 27.05.2024 i.e. two years back. If there is no substantial progress in the trial, the applicant is at liberty to avail appropriate remedy as per law. (Rakesh Thapliyal, J.) 30.07.2026 Arti