Uttarakhand High Court
BA1/510/2025 on 28 March, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:2318
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 / 5 1 0 / 2 0 2 5
Hon'ble Rakesh Thapliyal, J.
1. Ms. Pushpa Joshi, learned Sr. Advocate
assisted by Ms. Chetna Latwal, learned counsel for
the applicant.
2. Mr. Pankaj Joshi, learned Assistant
Government Advocate with Mr. Himanshu Sain,
learned Brief Holder for the State.
3. Present applicant is praying for regular bail
in relation to FIR dated 29.06.2024 bearing FIR No.
0219 of 2024, registered at Police Station – Ram
Nagar, District – Nainital, for the offences
punishable under Section 366, 363, 376 (2) (n) IPC
and under Section 5 (l) / 6 of the POCSO Act.
4. Learned counsel for the applicant submits
that the applicant is innocent and has been falsely
implicated. She further submits that in fact, the
applicant was in love with the victim, daughter of
the complainant and applicant has no previous
criminal history and he is languishing in jail for
the last six months. She further submits that
charge-sheet has already been filed, therefore,
there is no need of custodial interrogation.
5. On the previous date, State Counsel was
directed to get instructions in the matter and now,
learned AGA for the State has placed before this
Court the statement of the victim recorded under
Section 164 Cr.P.C.
6. On perusal of the statement of the victim
recorded, it appears that victim has not supported
the prosecution case rather she admits that she
was in love with the present applicant and
whatever be the physical relations have been
developed between them the same was
consensual.
7. Apart from this, learned AGA fairly admits
that since charge-sheet has already been filed,
therefore, there is no need of custodial
interrogation.
8. After hearing learned counsel for the parties
and further taking into consideration the
2025:UHC:2318
statement of the victim and the fact that charge-
sheet has already been filed, therefore, there is no
need of custodial interrogation, this Court is of the
view that applicant deserves for bail. Accordingly,
without expressing any opinion on the merit of
the case, bail application is allowed.
9. Let the applicant “Deepak Kumar” 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.)
28.03.2025
SKS
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