Allowed¶2

Javed Ali v. State of Uttarakhand

Uttarakhand HC5 Jun 2025BA1/494/2025

Case brief

AI extract

What is this about?

BA1 No. 494 of 2025, decided 05.06.2025 by Rakesh Thapliyal, J. Regular bail application by Javed Ali in FIR No. 907 of 2022, P.S. Manglour, District Haridwar, dated 24.08.2022, under Sections 328, 363, 376-D and Sections 5(g) and 6 of POCSO Act; co-accused Lukman; victim aged about 16 years; statement under Section 164 Cr.P.C.; charge-sheet filed, trial commenced; custody since 30.08.2022; no previous criminal history; bail allowed on personal bond and two sureties; no opinion expressed on merits.

What did the court decide?

Applicant Javed Ali to be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. ¶2

SL.
No
Date

Office Notes, reports,
orders or proceedings
or directions and
Registrar’s order with
Signatures

COURT’S OR JUDGES’S ORDERS

BA1 No. 494 of 2025
Hon’ble Rakesh Thapliyal, J.

1.
Mr. Gaurav Singh, learned counsel for the
applicant.
2.
Mr. Siddhartha Bisht, learned A.G.A. with Mr.
Himanshu Sain, learned Brief Holder for the State.
3.
The present applicant ‘Javed Ali’ is praying for
regular bail in relation to a First Information Report
dated 24.08.2022 bearing FIR No. 907 of 2022 P.S.
Manglour, District Haridwar, wherein, the present
applicant and one Lukman were implicated for the
offences punishable under Sections 328, 363, 376-D and
5(g) and 6 of POCSO Act.
4.
Learned counsel for the applicant submits that
the applicant is innocent and has been falsely
implicated and in fact the applicant was in love with
the victim. He submits that though the victim was
minor at the time of the incident, i.e. aged about 16
years, but actually both of them were in love with each
other, which is evident from the statement, which she
has given before the Doctor when she was firstly
medically examined.
5.
He further submits that not only this even
during investigation including in her statement
recorded under Section 164 of Cr.P.C. every time the
victim gave contradictory statement.
6.
Apart from this, he submits that the charge-sheet
has already been filed and the trial has been
commenced and the applicant has no previous criminal
history and as such there is no need of custodial
interrogation of the present applicant and the applicant
is languishing in jail since 30.08.2022.
7.
On the other side, learned State counsel have not
disputed this fact that the charge-sheet has already
been filed and the trial has been commenced and the
applicant have no previous criminal history.
8.
After hearingthe arguments of learned counsel

for the parties and further taking into consideration that the charge-sheet has already been filed and the trial has been commenced and furthermore the applicant is languishing in jail since 30.08.2022 and have no previous criminal history, this court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10. Let the applicant ‘Javed Ali’ 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.) 05.06.2025 PR

for the parties and further taking into consideration
that the charge-sheet has already been filed and the
trial has been commenced and furthermore the
applicant is languishing in jail since 30.08.2022 and
have no previous criminal history, this court is of the
view that the applicant deserves for bail.
9.
Accordingly, without expressing any opinion on
the merit of the case the bail application is allowed.
10.
Let the applicant ‘Javed Ali’ 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.)
05.06.2025
PR

Javed Ali v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Javed Ali v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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