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.1044 of 2025

Hon’ble Alok Mahra, J.

Mr. Yogesh Upadhyay, Advocate for

the applicant.

Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarahand.

2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.79 of 2025, under Sections 376 I.P.C. and Section 3 & 4 of POCSO Act, registered at Police Station Kashipur, District Udham Singh

Nagar.

3. An F.I.R. was lodged by the father of the victim, alleging that the applicant allured his daughter and took her to a Guest House in May, 2022, where he allegedly made a video of her and, thereafter, blackmailed her on multiple occasions. It is further alleged that in May/June, 2023, he compelled her to make another video, which, out of fear, she continued to do and, subsequently, the said video came to the knowledge of the complainant through his elder

daughter.

4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case and has remained in judicial custody since 30.03.2025. It is submitted that the F.I.R. has been lodged with a substantial delay of nearly three years from the date of the alleged incident, without satisfactory explanation for such delay. It is further contended that the video

alleged to have been made viral was never recovered by the prosecution. Learned counsel submits that the statement of the victim itself reveals that the applicant and the victim were known to each other as schoolmates and shared a friendly relationship. He further submits that there is no medical evidence substantiating the allegation of sexual assault, and the entire prosecution case is based purely on oral testimony. It is also submitted that the applicant, being just 23 years of age, has no prior criminal antecedents, and his continued incarceration would jeopardize his education and future prospects.

5. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.

6. The bail application is allowed.

7. Let the applicant, namely, Harsh Tomar be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned subject to the following conditions:

(i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment.

indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

without any prior permission of the Trial