Uttarakhand High Court
BA1/394/2025 on 6 March, 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
BA1 No. 394 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the
applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. The present applicant ‘SunnyKatariya’ is seeking
regular bail in relation to FIR dated 30.12.2024
registered as FIR No. 0520 of 2024, P.S. Kaliyar Shareef,
District Haridwar, wherein, the applicant has been
implicated for the offences punishable under Sections
115, 64(2)(m) of BNS, 2023 and Section 5(l)/6 of POCSO
Act.
4. Learned counsel for the applicant submits that
the applicant is innocent and has been falsely
implicated with some ulterior purpose and motive by
the victim, which is evident from the fact that earlier
she moved an application under Section 156(3) of
Cr.P.C. with same set of allegations on 22.11.2024,
however, on 30.11.2024 she withdraw the said
application and thereafter after a month she lodged this
FIR.
5. Learned counsel for the applicant submits that
the allegation as alleged appears to be a very concocted
story. He further submits that the investigation has
already been completed and the chargesheet has been
filed and in such an eventuality, there is no need of
custodial interrogation of the applicant. He further
submits that the applicant has no previous criminal
history.
6. Learned A.G.A. Mr. V.S. Pal on written
instructions have not disputed this fact that the
applicant has no previous criminal history and the
chargesheet has been filed.
7. After hearing the arguments of learned counsel
for the parties and further taking into consideration
that the investigation has already been completed and
the chargesheet has been filed therefore there is no
need of custodial interrogation of the applicant and as
such the 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 ‘Sunny Katariya’ 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.)
06.03.2025
PR
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