2025:UHC:4371
| SL. No. | Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures | COURT’S OR JUDGE’S ORDERS |
| BA1/375/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohd. Safdar, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned Assistant Government Advocate and Mr. Chitrarath Kandpal, learned Brief Holder for the State. 3. Present applicant ‘Abhishek’ is praying for regular bail in relation to First Information Report dated 06.01.2025 bearing FIR No. 14 of 2025, Police Station – Kotwali Mangalore, District – Haridwar wherein present applicant along with one Sagar were implicated for the offence punishable under Section 65 (1), 74, 351 (2), 70 (2) BNS and under Section 3 (a) / 4 (ii), 5 (g) / 6 of the POCSO Act. 4. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated. He further submits that even as per the allegation, as alleged in the FIR, the main accused is Sagar, who committed rape with minor and there is no allegation of commission of rape of minor against the present applicant. He further submits that co-accused Sagar has other criminal cases of similar nature but the present applicant has no previous criminal history. He further submits that as per prosecution, applicant has been shown to make an attempt of rape on the victim, who is a major. 5. Apart from this, he submits that charge- sheet has been filed, therefore, there is no need of custodial interrogation. 6. On the other side, learned State Counsel have not disputed this fact that charge-sheet has been filed, therefore, there is no need of custodial interrogation and present applicant |
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has no previous criminal history.
7. After hearing the arguments of learned counsel for the parties and further taking into consideration that there is no allegation of commission of rape with the victim (minor) against the present applicant and charge-sheet has been filed, therefore, there is no need of custodial interrogation and present applicant has no previous criminal history, therefore, this Court is of the view that 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 ''Abhishek" 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.)
23.05.2025.
SKS
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