Uttarakhand High Court
BA1/325/2025 of TAIL SINGH Vs STATE OF UTTARAKHAND on 5 August 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/325/2025 Tail Singh --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Sandeep Adhikari, learned Legal Aid
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Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
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COURT’S OR JUDGE’S ORDERS
BA1/325/2025
Tail Singh
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
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1. Mr. Sandeep Adhikari, learned Legal Aid Counsel for the applicant.
2. Mr. B.C. Joshi, learned AGA for the State.
3. Present applicant “Tail Singh, son of Jwala Singh”, is praying for regular bail in reference to FIR dated 15.05.2022 bearing FIR No. 175 of 2022 registered at Police Station – Transit Camp, District – Udham Singh Nagar wherein the present applicant is facing trial for the offences punishable under Section 376 (2- N) IPC read with Section 5 (l) / 6 of the POCSO Act.
4. Instant bail application is moved through learned Legal Aid Counsel, who argued that applicant is languishing in jail since last more than four years i.e. w.e.f. 23.05.2022 and there is no substantial progress in the trial. He further submits that though the applicant is charge sheeted under POCSO Act but as per counter affidavit, there is no determination of age of the victim and the investigation is completely silent on this.
5. On the other side, learned State Counsel have not disputed that applicant is languishing in jail since 23.05.2022 and age of the victim was determined on the basis of her Adhar Card.
6. After hearing the learned counsel for the parties and taking into consideration that applicant is languishing in jail since 23.05.2022 and suffered prolonged incarceration of more than 4 years and there is no substantial progress in the trial and there is no possibility that trial would be expedited soon, 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 “Tail Singh, son of Jwala Singh”, be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned.
9. It is made clear that after being released on bail the applicant shall join the trial court proceeding and shall not seek any unnecessary adjournment. (Rakesh Thapliyal, J.) 05.08.2026 SKS