Uttarakhand High Court
BA1/1536/2025 of DILIP MISHRA Vs STATE OF UTTARAKHAND on 4 June 2026
Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1536/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Alok Kumar, learned counsel for the applicant. 2. Ms. Rangoli Purohit, learned Brief Holder for
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BA1/1536/2025
Hon’ble Rakesh Thapliyal, J.
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1. Mr. Alok Kumar, learned counsel for the applicant.
2. Ms. Rangoli Purohit, learned Brief Holder for the State.
3. Present applicant “Dilip Mishra, son of Chaturbhuj” is praying for regular bail in reference to FIR dated 29.09.2023 bearing FIR No. 535 of 2023, wherein he has been implicated for the offences punishable under Section 363, 376 (2) (n), 376 (3) IPC read with Section 5 (l)/ 6 of the POCSO Act, Police Station – SIDCUL, District – Haridwar.
4. In this FIR, charge sheet was filed on 29.11.2023 and after taking cognizance, charges have been framed and trial has been commenced. Till August, 2025, as many as 7 witnesses have been examined.
5. It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated which is evident from the fact that the doctor who conducted the medical examination of the victim make a statement that no definite opinion can be given for sexual assault and the applicant is languishing in jail since 20.11.2023 and he has no previous criminal antecedents. He further submits that applicant already suffered long incarceration as he is in judicial custody since 20.11.2023 and almost 2 ½ years have passed but trial has yet not been concluded and there is no possibility that trial would be expedited soon.
6. On the other hand, learned State Counsel submits that victim was minor at the time of the incident and after collecting all credible material, charge sheet was filed, however, she has not disputed that applicant is languishing in jail since 20.11.2023.
7. After hearing the arguments of learned counsel for the parties and taking into consideration that applicant is languishing in jail since 20.11.2023 and has no previous criminal antecedents, this Court is of the view that the applicant deserve for bail.
8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
9. Let the applicant “Dilip Mishra, son of Chaturbhuj” be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned.
10. It is made clear that after being released on bail, he shall join the trial court proceeding, on each and every date without seeking unnecessary adjournment.
(Rakesh Thapliyal, J.) 04.06.2026 SKS