Uttarakhand High Court
BA1/1834/2025 on 18 April, 2026
2026:UHC:2797
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.1834 of 2025
Hon'ble Alok Mahra, J.
Mr. Alok Kumar, Advocate for the
applicant.
Mr. V.S. Pal, A.G.A. for the State of
Uttarakhand.
2. This first bail application has been
moved by the applicant seeking regular
bail in F.I.R. No.0095 of 2025, under
Sections 137(2), 65(1) B.N.S. and
Section 3(A), 4(2) of POCSO Act,
registered at Police Station Kotwali
Haridwar, District Haridwar.
3. As per the prosecution version, a
missing report was lodged by the father
of the victim alleging that his minor
daughter had gone missing. During
investigation, the victim subsequently
returned to her home and her
statements were recorded by the
investigating agency.
4. Learned counsel for the applicant
submits that the applicant has been
falsely implicated in the present case and
has no criminal antecedents. It is further
submitted that the applicant has been in
judicial custody since 10.02.2025 and
there is no likelihood of his absconding or
tampering with evidence. Attention is
drawn to the statement of the victim
recorded under Section 161 Cr.P.C.,
wherein she stated that she had left her
house on her own account as she was
scolded by her parents. In her statement
under Section 164 Cr.P.C., she further
stated that after leaving her house, she
2026:UHC:2797
met the applicant while he was travelling
on a scooty, and thereafter both of them
went to Rishikesh. It is also stated that
subsequently the applicant advised her
to return to her parental home. It is
further submitted that the medical
examination of the victim does not reveal
any signs of sexual assault, and no
incriminating medical evidence has been
collected against the applicant. The
allegations, even if taken at their face
value, do not prima facie disclose
commission of any grave offence
warranting continued incarceration. The
entire case, as per the prosecution
evidence available at this stage, appears
to rest primarily on statements which are
self-contradictory to some extent and
require detailed appreciation during trial.
5. After considering the submissions
and material on record, this Court finds
that the victim, in her statements under
Sections 161 and 164 Cr.P.C., has stated
that she voluntarily left her home due to
parental scolding and later travelled with
the applicant, without any specific
allegation of force or coercion. The
medical examination does not reveal any
signs of sexual assault or physical injury.
At this stage, no strong prima facie
evidence of grave involvement of the
applicant is made out. The applicant has
no criminal antecedents, is in custody
since 25.06.2025, and there is no
likelihood of absconding or tampering
with evidence.
6. Accordingly, without expressing any
opinion on the ultimate merits of the
matter, this Court is of the considered
view that the applicant has made out a
case for grant of bail at this stage. The
bail application is allowed.
2026:UHC:2797
7. Let the applicant-Abhishek be
released on bail, on executing personal
bond and furnishing two reliable sureties,
each of like amount, to the satisfaction of
Court concerned.
(Alok Mahra, J.)
18.04.2026
Arpan
ARPAN Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73933
JAISWAL
98f9fe45ba3e, postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351
E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL
Date: 2026.04.18 17:26:44 +05’30’