BA1/1304/2024 on 2 April, 2025

Uttarakhand High Court

BA1/1304/2024 on 2 April, 2025

             Office N ot e s,                       COURT'S OR JUD GES'S ORD ERS
                r e por t s,
               or de r s or
             pr oce e din gs
SL.
      Date   or dir e ct ions
No
                    a nd
              Re gist r a r 's
              or de r w it h                                                       2025:UHC:2484
              Signa t ur e s
                                 BA 1 st No.1304 of 2024

                                 H on'ble Ashish N a it ha ni, J.

Mr. Shariq Khurshid, learned counsel for the applicant.

2. Mr. B.C. Joshi, learned AGA for the State of
Uttarakhand.

3. The present bail application has been moved on behalf
of the applicant, Gajendra @ Ganesh, S/o Dharmveer, resident
of Durga Colony, Shukla Farm, Rudrapur, District Udham
Singh Nagar. The applicant is presently in judicial custody in
connection with FIR No.710 of 2023, registered at Police
Station Rudarpur, District Udham Singh Nagar, under
Sections 363, 376 and 506 of IPC and under Sections 5/6 of
POCSO Act. He has sought his release on bail.

4. Learned counsel for the applicant submits that the
applicant has falsely been implicated in the present matter. He
further submits that applicant has never made any physical
relations with the victim, and the victim has not been
recovered from the possession of the applicant. The applicant
is in jail since 25.12.2023.

5. On the other hand, learned State Counsel vehemently
opposes the bail application of the applicant on the ground
that the applicant had raped the minor girl, and he has made
physical relations with the victim, due to which, the victim got
pregnant. He further states that the applicant made physical
relations with the minor girl on regular basis. The statements
recorded under Section 161 and 164 of CrPC, the victim had
stated that the applicant had raped her, and due to which she
got pregnant. According to the medical documents, the victim
was five month pregnant.

6. Considering the overall facts and circumstances of the
case, and the fact that the applicant had raped minor girl, this
Court is of the view that the applicant has not made out a case
for bail.

7. Accordingly, the bail application is rejected.

( Ashish N a it ha n i, J)

02.04.2025
Nit esh/