BA1/648/2025 on 23 April, 2025

Uttarakhand High Court

BA1/648/2025 on 23 April, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                  2025:UHC:2926
                Office N ot e s,
              r e por t s, or de r s
              or pr oce e dings
SL.
       Date     or dir e ct ions                        COURT'S OR JUD GE'S ORD ERS
N o.
              a nd Re gist r a r 's
                  or de r w it h
                  Signa t ur e s
                                       BA1 / 6 4 8 / 2 0 2 5
                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Prince Chauhan, learned Legal Aid
Counsel for the applicant.

2. Ms. Meenakshi Sharma, learned counsel for
the State.

3. Present applicant is praying for regular bail
in relation to FIR dated 07.11.2021 bearing FIR No.
0622 of 2021, registered at Police Station –
Ramnagar, District – Nainital wherein applicant
has been implicated for the offences punishable
under Section 363, 366, 376 (3) IPC and under
Section 5 (j) (ii) / 6 of the POCSO Act.

4. Learned counsel for the applicant submits
that victim married with the applicant and out of
marriage, one male child was born on 21.09.2022,
which is evident from the vaccination card,
annexure no. 2 to the bail application.

5. Apart from this, he submits that
complainant – father of the victim in his
examination in chief has admitted that victim
married with the applicant and from marriage,
one male child was born and now, he has no
objection to the marriage. He further submits that
since the trial has already been commenced,
therefore, there is no need of custodial
interrogation.

6. On the other side, Ms. Meenakshi Sharma,
learned State Counsel has not disputed this fact
that the trial has already been commenced,
therefore, there is no need of custodial
interrogation of the applicant and PW2 father of
the victim in his examination in chief has accepted
the marriage of the victim and applicant.

7. After hearing learned counsel for the parties
and further taking into consideration that since the
trial has already been commenced, therefore, there
is no need of custodial interrogation of the
applicant and PW2 father of the victim in his
examination in chief has also accepted the
marriage of the victim and applicant, this Court is
2025:UHC:2926
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 “Sonu @ Babu” 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.)
23.04.2025.

SKS