Hikmat Singh Vs State of Uttarakhand — Child Sexual Offences (POCSO) | Uttarakhand HC (2025)

Hikmat Singh Vs State of Uttarakhand — Child Sexual Offences (POCSO) | Uttarakhand HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to applicant Hikmat Singh on furnishing of a personal bond and two sureties each of the like amount, to the satisfaction of the court concerned; granted without expressing any opinion on the merits.

Issue for consideration

Whether the applicant Hikmat Singh, implicated for offences punishable under Sections 376AB of IPC r/w Section 5(m)/6 of POCSO Act in FIR No. 05 of 2024, is entitled to regular bail. +1 more

Court's answer

Taking into consideration that the trial has already been commenced and therefore there is no need of custodial interrogation of the applicant, and furthermore that the applicant is languishing in jail since 19.02.2024, this court is of the view that the applicant deserves bail.

Ratio / Principle

Because the trial has already been commenced, there is no need of custodial interrogation of the applicant.

Key takeaways

The bail application is allowed without expressing any opinion on the merits of the case.ratio¶8
The applicant is to 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.ratio¶9

Detailed headnote1 paragraphs

BA1 No. 821 of 2025 (neutral citation 2025:UHC:4844), single-judge Bench of Hon'ble Rakesh Thapliyal, J., decided 11.06.2025. Regular bail ALLOWED to applicant Hikmat Singh, stated to be a retired army personnel languishing in jail since 19.02.2024, who was implicated in First Information Report No. 05 of 2024 dated 19.02.2024, P.S. Narendranagar, District Tehri Garhwal, for offences punishable under Sections 376AB of IPC r/w Section 5(m)/6 of the POCSO Act (State counsel stated the victim was a minor aged 11 years at the time of incident). Court's stated grounds: the chargesheet has already been filed and the trial has already been commenced, therefore there is no need of custodial interrogation of the applicant; additionally the applicant has been in custody since 19.02.2024; the applicant has no previous criminal history (a fact not disputed by the State). Bail allowed expressly without expressing any opinion on the merits of the case; condition imposed: furnishing of personal bond and two sureties each of the like amount to the satisfaction of the court concerned. No precedent was cited or relied upon in the order.

2025:UHC:4844

SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGE’S ORDERS BA1 No. 821 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Prince Chauhan, learned legal aid counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Hikmat Singh’ is praying for regular bail in relation to First Information Report dated 19.02.2024 bearing FIR No. 05 of 2024, P.S. Narendranagar, District Tehri Garhwal, wherein, the present applicant has been implicated for the offences punishable under Sections 376AB of IPC r/w Section 5(m)/6 of POCSO Act. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and is retired army personnel. He submits that the present applicant is languishing in jail since 19.02.2024 and the chargesheet has already been filed and the trial has already been commenced. He submits that since the trial has been commenced, therefore, there is no need of the custodial interrogation of the present applicant. 5. On the other side, learned Brief Holder Mr. Himanshu Sain submits that the victim was minor at the time of incident as her age was 11 years and he fully supports the case of the prosecution however, learned State counsel have not disputed this fact that the chargesheet has already been filed and the trial has been commenced, therefore, there is no need of the custodial interrogation of the present applicant. 6. Apart from this, learned State counsel have also not disputed this fact that the applicant has no previous criminal history. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the trial has already been commenced and therefore there is no need of the custodial interrogation of thepresent applicant

2025:UHC:4844

and furthermore the applicant is languishing in jail since 19.02.2024, 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 bail application is allowed. 9. Let the applicant ‘Hikmat Singh’ be released on bail on his furnishing of personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 11.06.2025 PR

2025:UHC:4844