High Court · 2025

H o n ' b l e Ra k esh Th a p l i y al , J. 1. Mr. Mohd. Safdar, learned counsel for t he applicant . 2. Ms. Pushpa Bhat t , Advocat e General for t he St at e. Present applicant Mohd. Asif, S/ o 3. Must afa relat ion t o FI R dat ed 02.03.2025, bearing FI R No. 77 of 2025 regist ered at P.S. Kaliyar Sharif, Dist rict Haridwar w her ein t he pr esent applicant along wit h 11 per sons has been t he offences punishable under Sect ions 16/ 17 read wit h Sect ion 3/ 4 of t he POCSO Act and Sect ions 3, 5, 6, 7 of t he I m m oral Traffic ( Pr event ion) Act , 1956 read wit h Sect ion 64 and 144 of BNS 2023. 4. lear ned t he counsel for t he applicant t hat t he applicant is innocent and has been falsely im plicat ed which is evident from t he fact t hat t he vict im on her re- exam inat ion disclosed t he nam e of t he applicant and one Saddam , t hough befor e r e- exam inat ion she has disclosed t he nam e of Must afa and Adil. t he S/ o t hat Saddam He subm it s t his Must afa w ho was grant ed bail by Court on t he t hat as per prosecut ion Must afa is t he m ain accused who is st ill absconding. Learned counsel t he applicant has no previous crim inal hist ory. 5. On t he ot her side, Ms. Pushpa Bhat t , learned Addl. Advocat e General t hough has not disput ed t his fact t hat t he nam e of t he applicant and Saddam wer e disclosed t he vict im and earlier vict im disclosed t he nam e of Adil and Must afa and Must afa is absconding. She furt her subm it s t hat invest igat ion is re- exam inat ion by t he applicant t he gr ound subm it s t hat st ill against accused accused going on and t he m ain accused is st ill absconding and if t he applicant is enlarged on bail t hen t her e m ay be possibilit y t hat he m ay m ake all possible effort s t o frust rat e t he ongoing invest igat ion. Ms. Pushpa Bhat t , furt her subm it s t hat t he ot her co- accused Saddam has been grant ed bail and t he role of t he present applicant is alm ost sim ilar t o Saddam and he deserves parit y but she subm it s t hat t hat since invest igat ion is st ill going on part icularly per son Must afa, w ho according t o t he applicant t he and Saddam ( ot her co- accused) m ain absconding, t her efore, if t he applicant is enlar ged on bail som e st ringent condit ion m ay be im posed. 6. I found for ce on t he subm ission of t he learned Addl. Advocat e General. The suggest ion t hat som e st ringent condit ion m ay appr eciable. Mr. Safdar volunt arily accept s t hat som e st ringent condit ion m ay be im posed upon t he applicant . 7. Aft er hearing t he argum ent s of t he learned counsel for t he part ies and t aking int o considerat ion t hat ot her co- accused Saddam has alr eady been enlar ged on bail by t his Court , t his Court is of t he view t hat t he applicant deserves for bail, however, t his Court is also of t he view t hat since invest igat ion is going against ot her co- is st ill absconding, som e accused w ho st ringent condit ion should be im posed upon t he applicant . 8. Accordingly, wit hout ex pressing any opinion on t he m erit of t he case, t he bail applicat ion is allowed. 9. t he applicant Mohd. Asif be released on bail on his execut ing a per sonal bond and fur nishing t wo reliable sur et ies of t he sat isfact ion of t he court concerned. like am ount applicant im posed t he Let t o I t is m ade clear t hat aft er being released on bail ( 1) t he applicant will not t he m ake any at t em pt fr ust rat e t o invest igat ion and will not influence any wit ness. ( 2) The applicant shall report t o t he near est police st at ion in every 15 days and concer ned S.H.O. presence. recor d ( 3) The applicant shall sur render his passport , if any, t o t he concerned court . ( 4) I f t he applicant is found t o be indulged in any such act ivit ies in fut ur e, t he concer ned court shall t ake im m ediat e st eps t o cancel his bail. ( Ra k e sh Th a p l i y a l , J.) 2 5 .0 6 .2 0 2 5 Parul