| SL. No. | Date | Office Notes, reports, orders or proceedings or direct ions and Registrar’s order w ith Signatures | COURT’S OR JUDGE’S ORDERS |
| BA1 / 3 0 9 / 2 0 2 5 Hon’ble Rakesh Thapliyal, J. 1. Ms. Pushpa Joshi, learned Sr. Advocate assisted by Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate for the State. 3. Present applicant is seeking regular bail in relation to FIR dated 09.11.2024 bearing FIR No. 0366 of 2024, registered at Police Station Sitarganj, District – Udham Singh Nagar wherein applicant and seven others persons have been implicated for the offences punishable under Section 313, 323, 376, 504, 506 IPC and under Section 5 / 6 of the POCSO Act. After investigation, charge sheet has been filed only against the present applicant for the offences punishable under Section 323, 376, 504 IPC and rest of the persons were exonerated. Since no evidence was collected during investigation, consequently, penal provisions of POCSO Act were deleted. 4. Learned Sr. Counsel for the applicant submits that applicant is innocent and has been implicated, which is evident from the fact that the allegation with regard to the incident of 2016, as alleged in the FIR, was found to be false and in fact, there was love affair between the applicant and victim. 5. Apart from this, she further submits that after investigation, charge sheet has already been filed, therefore, there is no need of custodial interrogation and the applicant has no previous criminal history. 6. On the other hand, learned State Counsel fairly submits that charge sheet has already been filed, therefore, there is no need of custodial interrogation and the applicant has no previous criminal history. 7. After hearing learned counsel for the parties and further taking into consideration the fact that charge-sheet has already been filed, therefore, |
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there is no need of custodial interrogation and applicant has no previous criminal history, therefore, this Court is of the view that applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.
8. Let the applicant "Avneesh Kumar @ Prakash Sutar" be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
02.04.2025.
SKS
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