Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

BA2 No. 119 of 2025

Hon’ble Rakesh Thapliyal, J.

1. Mr. Lalit Sharma and Mr. Bharat Chaudhary, learned counsel for the

applicant.

2. Mr. V.S. Pal, learned AGA along with Mr. Himanshu Pal, learned Brief holder for

the State.

3. Mr. Mohd. Safdar, learned counsel for

the victim.

4. This is the second bail application.

5. The first bail application was rejected by this Court on 06.03.2025. Now the second bail application has been moved on the ground that the victim and the complainant during their examination were

declared hostile by the trial Court.

6. Learned counsel for the applicant submits that there is also one of the witness of the charge-sheet, namely, Naushad, who also does not support the case of the

prosecution.

7. Learned counsel for the applicant also submits that the present applicant is languishing in jail since 05.05.2024 and since the star witnesses, the victim and the complainant, have been declared hostile,

therefore, the applicant be released on bail.

8. Learned counsel for the applicant further submits that the victim herself refused to go with medical examination and based on a video-clip, the applicant has

been charge-sheeted.

9. Apart from this, learned counsel for the applicant also submits that not only this, the other co-accused, who, in fact, was the juvenile, was acquitted by the Juvenile

Justice Board, Haridwar by Judgment and Order dated 09.10.2025 only on account that the victim and the complainant have been declared hostile during their examination by the trial Court and the victim also denied about any such video-clip on the basis of which, the charge-sheet has been filed.

10. On the other side, Mr. Mohd. Safdar, learned counsel, who appears for the mother of the victim, seriously opposed the bail application by submitting that the victim and the complainant declared hostile after 08 months of their statement recorded under Section 183 of BNSS, 2023.

11. He also submits that not only this, the video clip was also examined by the Forensic Laboratory of Chandigarh and the report finds positive.

12. He further submits that the victim, at the time of incident, was minor aged about 12 years and after collecting all credible evidences, the charge-sheet was filed and merely on the ground that the victim and the complainant have been declared hostile, the applicant does not deserve for bail.

13. On the other side, Mr. V.S. Pal, learned AGA for the State also submits that the victim and the complainant have been declared hostile by the trial Court, but with regard to the forensic report, he submits that the forensic report is found to be positive.

14. He also pointed out that the victim refused to go for medical examination and in the entire case, except the video-clip, there is no other evidence.

15. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the victim in her statement, earlier recorded