High Court · 2025

first bail application was

1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. This is the second bail application moved on behalf of the applicant Lakhan Singh @ Lucky, S/o Deewan Singh praying for bail in reference to FIR dated 13.06.2025, bearing FIR No. 190 of 2025, registered at P.S. Haldwani District Nainital wherein the present applicant has been implicated and charge sheeted for the offences punishable under Section 64(2)(m) & 65(1) of BNS 2023 read with Section 5(j)(ii)/6 of the POCSO Act. 4. dismissed as withdrawn on 13.10.2025. 5. Learned counsel for the applicant argued that earlier the bail application of the applicant was rejected by the Special Judge, POCSO and then he approached to the High Court for seeking bail by moving Bail Application No. 1591 of 2025 wherein the affidavit was filed by the father of the applicant. He further submits that though, bail application was pending before the High Court, second bail application was moved by the applicant bearing BA2 No. 114 of 2025 before Special Judge (POCSO) and after gone record particularly statement of the victim, the applicant was granted bail by the Special Judge, POCSO on 10.10.2025. Thereafter, bail application which was pending before through ultimately

13.10.2025 to withdraw the High Court was dismissed as infructuous on 13.10.2025. 6. It is argued by the learned counsel for the applicant that in fact the second bail application was moved before the Special Judge, POCSO on 09.10.2025 and on the same day the counsel for the applicant orally mentioned the matter before the High Court that the applicant the pending bail application, however, since, 13.10.2025 was already fixed, the matter was posted 13.10.2025, the first bail application was dismissed as infructuous. He submits that after grant of bail by Trial Court, the applicant received a notice from the trial court that false affidavit has been filed in the second bail application no. 114 of 2025 that no bail application is pending, though, as a matter of fact bail application was pending before the High Court. After receiving notice, the applicant submitted his response on 24.11.2025 which is annexed as Annexure 5 wherein he has stated that the applicant was languishing in jail since 09.08.2025 and in both the bail applications i.e first bail application filed before the High Court and second bail application filed before the Trial Court, the pairokar were different and also stated that he was granted bail on merit and since he has no knowledge about two successive bail application, therefore, there is no such deliberate attempt to file false affidavit. On the same day, when the applicant filed his response to the notice, i.e. 24.11.2025, the Trial Court cancelled the bail of the applicant on the ground that in 2nd bail application fake affidavit has been filed. The order is enclosed at page 15 as annexure 1. 7. On perusal of this order, it reveals that the Special Judge, POCSO took suo motu cognizance while cancelling the bail and the learned counsel for the applicant submits that no such application was moved either by the complainant or by the prosecution for cancelling the bail. 8. After cancelling the bail by order dated 29.11.2025, third bail application bearing no. 141 of 2025 was moved by the applicant before the Special Judge, POCSO, however, the bail application has been rejected by the Special Judge, POCSO. On perusal of the order, rejecting the third bail application by order dated 29.11.2025, it appears that the same was cancelled merely on the ground that in the second bail application there was no reference about the bail application filed in the High Court. The question is whether without moving an application either by the complainant or by the prosecution, the Special Judge, POCSO can cancel the bail that too on a very technical ground into consideration that without taking earlier the applicant was granted bail on merit and after perusing the entire records. It appears that Special Judge, POCSO without applying its judicial mind cancelled the third bail application. 9. Undisputedly, on 09.10.2025 the second bail application was moved before the trial court and on the same day a mention was made before the High Court for withdrawal of the pending bail application, and, subsequently the same was withdrawn on 13.10.2025, therefore, there was no occasion on the part of the Trial Court third bail application. 10. I also perused the order dated 10.10.2025 by which the applicant was granted bail by the trial court and on perusal of the order it reveals that the applicant was granted bail on merit after perusing the entire records, therefore, in to reject such an eventuality, merely on technical ground, the Trial Court should not have cancelled the bail that too without any application complainant or prosecution. 11. Mr. Sain, learned Brief Holder for the State has not disputed that the bail was cancelled merely on the technical ground and this fact has not been disclosed by moving second bail application that the applicant already approached to the High Court. 12. Be that as it may, the applicant was granted bail earlier on 10.10.2025 on merit, after perusing the entire case diary and also after examining the statement of the prosecutrix, therefore, in such an eventuality, the Trial Court should not have cancelled the bail merely on technical ground that false affidavit has been filed while moving second bail application. Apart from this, on perusal of the order whereby the bail was cancelled by the Trial Court there is no such any reference that the applicant misused the bail. 13. Thus, in view of the discussion and observation as made above, this Court is of the view that the applicant deserves for bail. 14. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. Let the applicant Lakhan Singh @ 15 Lucky, be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.)

05.12.2025 Parul