Uttarakhand High Court
ABA/246/2025 on 15 April, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
ABA No. 246 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Parikshit Saini, learned counsel for the applicant.
2. Mr. V.S. Pal, learned Assistant Government Advocate
for the State.
3. Present applicant is praying for anticipatory bail in
relation to FIR dated 10.04.2022 bearing FIR No. 139 of 2022
registered at Police Station – Pathari, District Haridwar for
the offences punishable under Section 323, 354, 376, 506, 342
IPC read with Section 5 (m) / 6 of the POCSO Act.
4. Earlier, the applicant has challenged this FIR before
this Court by way of filing WPCRL No. 720 of 2022 wherein
the Coordinate Bench of this Court by order dated
27.04.2022 granted interim protection to the present
applicant. Subsequently, the Investigating Officer submitted
a closure report on 30.05.2022 and consequently, the
WPCRL No. 720 of 2022 was dismissed as infructuous on
19.09.2022. Against the closure report, the complainant filed
a protest petition before the Addl. Chief Judicial Magistrate,
Haridwar and the Addl. CJM, Haridwar by order dated
02.01.2025 refused to accept the closure report dated
30.05.2022 and directed the Investigating Officer to proceed
with the further investigation.
5. Learned counsel for the applicant submits that
applicant is ready to cooperate with the investigation and
that is the reason, the applicant has not challenged the order
dated 02.01.2025 passed by the Addl. CJM accept the same.
He further submits that there is still an apprehension of
arrest due to direction issued by the Addl. CJM, Haridwar
dated 02.01.2025 whereby further investigation has been
ordered.
6. He further submits that while passing the order dated
02.01.2025 Addl. CJM, Haridwar has clearly observed that
further investigation will go on only in respect of offences
punishable under Sections 323, 354, 376 (2) (n), 376 (2) (l),
506, 342 IPC. He further submits that in fact, there is dispute
relating to ancestral property between the applicant and the
complainant and complainant and her cousin brother have
already filed a civil suit.
7. On the other side, learned AGA submits that further
investigation is still going on and since it is pursuant to an
order passed by Magistrate dated 02.01.2025, therefore, it is
too early to apprise this Court about the status of the
investigation. Apart from this, he submits that prima facie,
allegation, as alleged in the FIR appears to be serious in
nature, since the complainant is niece of the complainant.
He further submits that whatever be evidence has been
collected while submitting the closure report has no
relevance at this stage, since further investigation is going
on.
8. Let State may file objection within four weeks. Two
weeks, thereafter, is granted to the applicant to file rejoinder
affidavit.
9. List on 09.06.2025.
10. After taking into consideration that matter is under
further investigation, though earlier closure report was
filed, this Court is of the view that since in the earlier round
of litigation, in which the applicant preferred a writ petition
for quashing of the FIR, interim protection was granted to
the applicant, therefore, this Court is of the view that
applicant is entitled for interim protection. Accordingly, as
an interim measure it is directed that in the event of arrest
of the applicant ‘Surya Prakash Arya’ he shall be released
on interim bail on executing a personal bond and two
reliable sureties each of the like amount to the satisfaction of
the Investigating Officer/Arresting Officer, subject to the
following conditions:
(i) Applicant shall cooperate with the Investigating
Agency and he shall make himself available for
interrogation by an Investigating Officer as and
when required;
(ii) Applicant shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of this case.
(iii) Applicant shall not leave the country without
previous permission of this Court.
(Rakesh Thapliyal, J.)
15.04.2025.
SKS
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