Ukhc010135812026 vs State Of Uttarakhand on 3 August, 2026

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    Uttarakhand High Court

    Ukhc010135812026 vs State Of Uttarakhand on 3 August, 2026

    Author: Rakesh Thapliyal

    Bench: Rakesh Thapliyal

                                                                UKHC010135812026
    
    
    
                                                                        2026:UHC:6737
                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions               COURT'S OR JUDGE'S ORDERS
    No.
                 and Registrar's
                   order with
                   Signatures
                                   BA1/1351/2026
    
    
                                   Arjun Bam Alias Man Singh Bam
                                                              --Applicant
                                                       Versus
                                   State Of Uttarakhand
                                                            --Respondent
    
                                   Hon'ble Rakesh Thapliyal, J.
    

    1. Mr. Sandeep Adhikari, learned Legal Aid
    Counsel for the applicant.

    2. Ms. Meenakshi Sharma, learned AGA for
    the State.

    SPONSORED

    3. Present applicant “Arjun Bam @ Man
    Singh Bam, son of Chat Bahadur Bam”, is
    praying for regular bail in reference to FIR
    dated 22.04.2023 bearing FIR No. 01 of 2023
    registered at Police Station – Nandnagar, Ghat,
    District – Chamoli wherein present applicant is
    facing trial for the offences punishable under
    Section 376 IPC read with Section 3 / 4 of the
    POCSO Act.

    4. Instant bail application is moved through
    learned Legal Aid Counsel.

    5. It is argued by the learned counsel for the
    applicant that applicant is languishing in jail
    since last more than three years i.e. w.e.f.
    24.04.2023. He further submits that both the
    victim and informant belongs to Nepal and
    they left for Nepal. He further submits that
    neither the informant nor the victim are joining
    the trial, as such, no substantial progress in the
    trial, therefore, he may be released on bail.

    6. On the other side, learned State Counsel
    have not disputed that applicant is languishing
    in jail since 24.04.2023 and victim and
    UKHC010135812026

    2026:UHC:6737

    informant are residents of Nepal and there is
    no substantial progress in the trial.

    7. After hearing the learned counsel for the
    parties and taking into consideration that
    applicant is languishing in jail since 24.04.2023
    and victim and informant are residents of
    Nepal and there is no substantial progress in
    the trial and as such, there is no possibility that
    trial would be expedited soon, therefore, 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 “Arjun Bam @ Man
    Singh Bam, son of Chat Bahadur Bam”, 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.)
    03.08.2026
    SKS



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