BA1/2198/2025 on 9 March, 2026

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    Uttarakhand High Court

    BA1/2198/2025 on 9 March, 2026

                   Office Notes,
                reports, orders or
                 proceedings or
    No   Date                                    COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
    
                                     BA1 No. 2198 of 2025
                                     Hon'ble Alok Mahra, J.
    

    Mr. Shueb Ali, learned counsel for the
    applicant.

    2. Mr. Akshay Latwal, learned A.G.A. for
    the State.

    SPONSORED

    3. The applicant – Nadeem, who is in
    judicial custody in connection with FIR/Case
    Crime No. 24 of 2025, under Sections 137(2)
    and 64(1) of BNS and Section 3(a)/4, 5(l)/6
    of POCSO, registered at P.S.- Buggawala,
    District Haridwar, has sought his release on
    bail.

    4. Heard learned counsel for the parties
    and perused the records.

    5. In this case, the complaint was filed by
    the father of the victim on 30.04.2025,
    wherein, he has alleged that the applicant
    induced her daughter, who was 17 years of
    age, and took her away from her home on
    04.12.2024 and after two days on 06.12.2024
    he left the victim back to her home.

    6. Heard learned counsel for the parties
    and perused the records.

    7. Learned counsel for the applicant would
    submit that date of birth of the victim as per
    the school leaving certificate is 07.04.2007
    and even as per the averments made in the
    FIR, she was 18 years of age at the time of
    incident; that there are major discrepancies in
    the statements of the victim given to the
    doctor and also in the statement given before
    the Court. Every time, different versions have
    been narrated by the victim in her statement;
    that this FIR has been lodged only to
    blackmail the applicant to marry the victim;
    that the victim, on her own sweet will, went
    with the applicant; and that statement of the
    victim has been recorded so there is no
    chance of tampering with the evidence or
    influencing the witnesses.

    8. Learned State Counsel, on the other
    hand, has vehemently opposed the bail
    application and would submit that the
    offence alleged is of a grave and heinous
    nature.

    9. In rebuttal, learned counsel for the
    applicant would submit that the physical
    relationship, if any made between the
    applicant and the victim, was a consensual.

    10. Insofar as the offences punishable
    under Section 3(a)/4 of POCSO of Protection
    of Children from Sexual Offences Act, 2012
    are concerned, it is pertinent to observe that
    although the provisions of the said statute
    are stringent in nature, such rigour does not
    preclude the Court from exercising its
    discretionary jurisdiction to grant or refuse
    bail, where the facts and circumstances of
    the case so warrant, in order to secure the
    ends of justice.

    11. The material on record indicates that
    the prosecutrix had voluntarily left her
    parental home and accompanied the
    applicant of her own volition. It is, no doubt,
    true that under the purview of the POCSO
    Act
    , the prosecutrix is legally a minor;
    however, the facts of the present case
    reveal that she was possessed of sufficient
    understanding, maturity, and discernment to
    comprehend the nature and consequences
    of her actions, and that she had voluntarily
    joined the company of the applicant.

    12. It is well settled by a catena of
    decisions of the Hon’ble Supreme Court as
    well as various High Courts that, in cases
    involving young offenders and consensual
    relationships between adolescents, a liberal
    approach may be warranted at the stage of
    bail, so as to prevent the regressive and
    adverse influences of prolonged
    incarceration and to further the principle of
    best interest of both the parties involved.

    13. Having considered the submissions,
    under the facts and circumstances of the
    case and also considering the fact that the
    statement of the victim has been recorded so
    there is no chance of tampering with the
    evidence or influencing the witnesses, this
    Court is of the view that it is a case fit for
    bail and the applicant deserves to be
    enlarged on bail.

    14. Accordingly, the bail application is
    allowed.

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

    (Alok Mahra J.)
    09.03.2026
    Ujjwal



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