Uttarakhand High Court
BA1/2011/2025 on 4 May, 2026
2026:UHC:3345
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.2011 of 2025
Hon'ble Alok Mahra, J.
Mr. Shariq Khurshid, Advocate for
the applicant.
Mr. Rakesh Kumar Joshi, 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.086 of 2025, under
Sections 65(1), 87, 137(2) of B.N.S. and
Section 5/6 of POCSO Act, registered at
Police Station I.T.I., District Udham
Singh Nagar.
3. An F.I.R. was lodged by the brother
of the victim alleging that the applicant
had enticed away his minor sister. The
F.I.R. came to be registered on
23.04.2025. During the course of
investigation, the victim was recovered
from the company of the applicant on
25.05.2025.
4. Learned counsel for the applicant
submits that the applicant has been
falsely implicated in the present case; he
has no criminal antecedents and has
been in judicial custody since
25.05.2025. It is further contended that,
in her statements recorded under
Sections 180 and 183 Cr.P.C., as well as
in her deposition as P.W.-1 before the
Court, the victim has stated that she had
accompanied the applicant of her own
volition and that they had consensual
physical relations on several occasions. It
is also submitted that, at the time of the
alleged incident, the victim was above 16
2026:UHC:3345
years of age and was capable of
understanding the nature and
consequences of her actions.
5. Learned State Counsel has
vehemently opposed the bail application.
6. Considering the submissions
advanced, the material available on
record, and the fact that the victim, in
her statements as well as in her
testimony before the Court, has not
supported the prosecution version and
has attributed voluntary conduct to
herself, the evidentiary foundation of the
prosecution case stands substantially
weakened at this stage. The applicant
has no criminal history, is in judicial
custody since 25.05.2025, and there is
no material to indicate that he is likely to
tamper with evidence or influence
witnesses. The trial is likely to take
considerable time for its conclusion.
7. 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.
8. Let the applicant-Ajay Rajput 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.)
04.05.2026
Arpan
ARPAN
Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c04853
65445e3a20dddb7393398f9fe45ba3e,
JAISWAL
postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D4
54C5109CB987446351E4DF04AADAA2C2CEA66,
cn=ARPAN JAISWAL
Date: 2026.05.04 18:00:23 +05’30’
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