Uttarakhand High Court
BA1/601/2025 on 7 May, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:3584
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No. 601 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Ms. Irum Zeba, learned counsel,
holding brief of Mr. Kartikey Hari Gupta,
learned counsel for the applicant.
2. Mr. Siddhartha Bisht, learned AGA
along with Mr. Himanshu Sain, learned
Brief Holder for the State.
3. Present applicant-Javed Malik alias
Ali, is seeking bail in relation to first
information report dated 24.09.2023
bearing FIR No. 200 of 2023, Police
Station Premnagar, District Dehradun,
wherein the present applicant has been
implicated for the offences punishable
under Section 323, 376, 504 and 506 of
IPC read with Section 3/4 of the POCSO
Act.
4. Learned counsel for the applicant
submits that the present applicant is
innocent and has been falsely implicated;
and in fact the applicant and the victim
well known to each other since 2020 and
whatever be the relations in between both
of them are consensual. Apart from this,
learned counsel for the applicant submits
that the applicant, at the time of incident,
was though major but was of a tender age
since he attained age of 22-23 years at
that time and the victim though was
minor below 18 years but was aged about
17 years and 11 months.
5. It is also submitted that the
allegations, as alleged in the FIR, appears
to be false since there is no any medical
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with regard to the incident as shown to be
happened on 19.09.2023 and 22.09.2023.
6. Learned counsel for the applicant
further submits that the charge-sheet has
already been filed and the trial has already
been commenced and there is no need of
custodial interrogation of the present
applicant and the applicant has no
previous criminal history.
7. Apart from this, learned counsel for
the applicant submits that there is no
recovery of the video as alleged in the FIR
and without collecting any credible
evidence, the charge-sheet has been filed.
8. On the other side, learned AGA
vehemently opposed the bail application
by submitting that after collecting all the
credible evidences, the charge-sheet has
been filed. He further submits that the
victim, during her statement recorded
under Section 161 as well as recorded
under Section 164 Cr.P.C, fully
corroborate the case of the prosecution
and not only this now during trial she has
also been examined and she supports the
case of the prosecution.
9. Apart from this, Mr. Siddhartha
Bisht, learned AGA submits that even as
per the medical report, the hymen was old
torn, but the doctor in her examination
justified the clinical findings towards the
hymen. He also submits that even as per
the case of the applicant the applicant and
victim known to each other and also
submits that since beginning there was
regular threat from the side of the accused
to the victim and her family members
which is also evident from the statement
of the victim recorded as PW-2 on
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24.05.2024 wherein she has stated in
para No.12 that the applicant is
compelling the victim to enter into
compromise and even there is threat from
the sister of the present applicant.
10. Mr. Siddhartha Bisht submits that if
the applicant is released on bail, then any
mishappening can be caused to the victim
which is evident from the statement of the
victim herself, wherein she has given the
reference of regular threat from the
appellant. Apart from this, he submits
that even, the victim, in her statement
under Section 161 and 164 Cr.P.C., also
reiterated the fact about the regular
threatening from the side of the applicant.
11. After hearing the arguments as
advanced by learned counsel for the
parties, and further after gone through the
records as well as the statement as
recorded under Section 161 read with
Section 164 Cr.P.C and also during her
examination in the Court, this Court is of
the view that the applicant is not entitled
for bail.
12. Accordingly, the bail application is
rejected.
13. Since the charge-sheet has already
been filed in which the cognizance has
already been taken on 21.11.2023, trial
Court is directed to expedite the trial as
expeditiously as possible. Registry is
directed to send the copy of this order to
the concerned Court.
(Rakesh Thapliyal, J.)
07.05.2025
R.Bisht
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