2025:UHC:3566
| 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.777 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Alok Kumar, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant–Ashu S/o Narendra is in judicial custody since 20.05.2024 and seeking bail in relation to FIR/Case Crime No.394 of 2024, registered on the basis of FIR dated 18.05.2024 at Police Station Bhagwanpur, District Haridwar, wherein the present applicant has been implicated for the offences punishable under Sections 354, 363, 506, IPC, 1860 read with Section 11(iv), 12 of the POCSO Act, 2012. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and, in fact, as per the statement recorded under Section 164 of the victim, she does not support the case of the prosecution rather she stated that she was in love with the present applicant and both of them known to each other since last more than one year. 5. He further submits that even from the contents of the FIR, which was lodged by the father of the victim, no case is made out against the present applicant. 6. He also submits that after completion of the investigation, the charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the present applicant. 7. Learned State counsel have not |
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disputed this fact that, in fact, the victim in her statement does not fully support the case of prosecution, but after collecting all credible evidence and further taking into consideration the age of the victim, the charge-sheet has already been filed. She has also not disputed this fact that there is no need of custodial interrogation of the present applicant since the charge-sheet has already been filed.
8. After taking into consideration that the charge-sheet has already been filed and there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant is languishing in jail since 20.05.2024, this Court is of the view that the applicant deserves to be enlarged on bail.
9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.
10. Let the applicant, namely, Ashu, 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.)
07.05.2025
R.Bisht
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