HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 563 of 2025 Mohd. Mustaq Kadri ….....Applicant Versus State of Uttarakhand ….….Respondent Present:-

Mr. Ajay Joshi, learned Amicus Curiae.

Ms. Manisha Rana Singh, D.A.G. for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant is in judicial custody in Sessions Trial No. 175 of 2022, arising out of Case Crime No.773 of 2022, under Sections 363, 366 IPC and Section 3(a)/4(2) of the Protection of Children from Sexual Offences Act, 2012, Police Station Kotwali Laksar, District Haridwar.

2. Heard learned counsel for the parties and perused.

3. According to the FIR, the victim, a young girl of 16 years of age, had left her home on 20.08.2022 at about 8:30 AM, but she did not return. It is the prosecution case that the applicant spiked the drink of the victim and raped her and left her at Delhi.

Amicus Curiae

4. Learned submits that the applicant has been falsely implicated; there has been no test identification parade done; three months after the date of incident, the applicant was arrested; the prosecution has failed to prove as to how did police reach the applicant.

5. Learned State Counsel submits that after the incident, when the victim was alone with applicant, she made a telephonic call from the telephone of the applicant and that is how the address of the applicant could be revealed.

Amicus Curiae

6. On it, learned submits that the victim has already been examined; she has not stated so in the court.

7. It is admitted that in the court, the victim has not stated that she made any telephonic call from the telephone of the applicant. There is no material to suggest as to how for the first time, the police reached to the applicant to identify him.

8. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

9. The bail application is allowed.

10. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

(Ravindra Maithani, J)

31.07.2025

Ravi Bisht