BA1/1101/2025 of ROOP KISHORE Vs STATE OF UTTARAKHAND

Office Notes, reports, orders or proceedings SL. Dateor directions COURT’S OR JUDGE’S ORDERSNo.and Registrar’s order with SignaturesBA1 No. 1101 of 2025Hon’ble Rakesh Thapliyal, J.1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant appears through V.C. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Roop Kishore S/o Shri Jai Singh is seeking regular bail in relation to first information report dated 03.01.2024 bearing FIR No.0003 of 2024, Police Station Laal Kaun, District Nainital, which was lodged against unknown person for the offence punishable under Section 365 of IPC. After completion of the investigation, the charge-sheet has been filed against the applicant for the offences punishable under Sections 363, 366, 376 IPC read with Section 3/4 of the POCSO Act. 4. It is contended by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated and at the time of alleged incident, the applicant was at tender age of 19 years and the victim was 16 years. 5. He further submits that even as per the statement of the victim, she admits that she was in love with the applicant and whatever be the relation has been developed in between both of them, the same was consensual. Apart from this, he submits that the charge-sheet has been filed on 21.02.2024 and the present applicant is languishing in jail since 05.01.2024. He also submits that there are in total 12 witnesses and up till date, four prosecution witnesses have been examined and as such, there is no any possibility that within short period the trial will be

concluded. He also submits that the present applicant has no previous criminal history. 6. On the other side, Mr. V.S. Pal, learned AGA for the State has not disputed this fact that the charge-sheet has already been filed on 21.02.2024 and the present applicant is languishing in jail since 05.01.2024. He has also not disputed this fact that the present applicant has no previous criminal history. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the present applicant is languishing in jail since 05.01.2024 and he has no previous criminal history and the charge-sheet has already been filed on 21.02.2024 and up till date, only four prosecution witnesses out of 12 prosecution witnesses have been examined, this Court is of the view that the applicant deserves for bail.

8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.

9. Let the applicant, namely, Roop Kishore, be released on bail, on his executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

R.Bisht

(Rakesh Thapliyal, J.) 25.06.2025

2025:UHC:5347