Uttarakhand High Court
Shahdab Alias Sameer vs State Of Uttarakhand on 3 August, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
UKHC010134222025
2026:UHC:6781
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/1585/2025
Shahdab Alias Sameer --Applicant
Versus
State Of Uttarakhand --Respondent
Hon'ble Rakesh Thapliyal, J.
1. Mr. Mukesh Kumar Kaparuwan,
learned counsel for the applicant.
2. Mr. Pratiroop Pandey, learned A.G.A.
for the State.
3. Present applicant Shahdab @ Sameer,
S/o Samoon Khan is praying for bail in
reference to FIR dated 30.04.2025, bearing
FIR/Case Crime No. 0061 of 2025 P.S.
Kotwali Pithoragarh, District Pithoragarh
wherein present applicant has been
implicated for the offences punishable under
Section 376 IPC read with Section 5/6 of the
POCSO Act. On completion of investigation
the applicant has been charge sheeted for the
offences punishable under Sections 376, 504,
506, 509 IPC read with Section 5/6/11/12 of
the POCSO Act and Section 66E of I.T. Act.
4. It is argued by the learned counsel for
the applicant that the applicant is
languishing in jail since 05.04.2025 and there
are in total 14 prosecution witnesses but up
till date only 7 prosecution witnesses have
been examined. He further submits that
applicant has no criminal history and so far
as present case is concerned, the applicant is
innocent which is evident from the fact that
the FIR has been lodged on 13.04.2025 in
reference to the incident of May 2022, i.e.
almost after three years, though, on the date
when the FIR was lodged the victim already
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become major and only to make out a case
under the POCSO Act the incident of 2022 is
shown in the FIR. He further submits that
applicant already suffered long incarceration
of more than one year and there is no
possibility that the trial would be expedited
soon. Even as per the victim, both were
friend through Instagram, therefore, the
applicant be released on bail.
5. On the other side learned A.GA. for the
State have not disputed that the charge sheet
has already been filed and the applicant is
languishing in jail since 05.04.2025 and he has
no criminal antecedent, however, he submit
that after collecting all credible evidence
charge sheet has been filed.
6. After hearing the arguments of the
learned counsel for the parties and taking
into consideration that the applicant is
languishing in jail since 05.04.2025 and have
no criminal antecedent, and there is no
substantial progress in the trial, therefore,
this Court is of the view that the applicant
deserves for bail.
7. Accordingly, without expressing any
opinion on the merit of the case, the bail
application is allowed.
8. Let the applicant Shahdab @ Sameer, 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 subject to the following
conditions:-
(i) The applicant after being released on
bail shall not make any attempt to contact
with the victim and threaten her as well as
her family members.
(ii) The applicant shall join the trial court
proceeding on each and every date without
seeking unnecessary adjournment.
(iii) The applicant shall surrender his
passport, if any, within three days after being
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released on bail and shall not leave the
country without leave of the Court.
In breach of any condition as above the
prosecution is free to move application for
cancellation of bail.
(Rakesh Thapliyal, J.)
03.08.2026
Parul
