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.1707 of 2025

Hon’ble Alok Mahra, J.

Mr. Ajay Joshi, Advocate for the

applicant.

Mr. B.N. Molakhi, Deputy Advocate

General for the State of Uttarahand.

2. This first bail application has been moved by the applicant seeking regular bail in Case Crime/F.I.R. No.29 of 2024, under Sections 376 I.P.C. and Section 5(j)(ii) read with Section 6 of POCSO Act, registered at

Police Station Lamgara, District Almora.

3. On 19.06.2024, the informant, being the father of the victim, lodged a First Information Report stating that when he took his daughter to the hospital due to her ill health, the attending doctor disclosed that she was seven months pregnant. Upon inquiry by her father, the victim revealed that the applicant had allegedly enticed her and, by use of force, established physical

relations against her will.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and bears no criminal antecedents. It is further contended that the applicant has been languishing in judicial custody since 16.07.2024. On the date of lodging of the First Information Report, the victim was stated to be seven months pregnant. It is submitted that the applicant and the victim were in a consensual romantic relationship. At the time of the alleged incident, the applicant was aged about 23 years; whereas, the victim was approximately 16 years and 7 months old. Subsequently, the victim gave birth to a child, who is presently under the care and protection of Shishu Sadan,

Almora.

5. It is a well settled proposition of law that the fundamental object of granting bail is to secure the continued presence of the accused during the course of trial and to ensure that the judicial process is not impeded. The discretion to grant bail is to be exercised judiciously, guided by established legal parameters. In the present case, no material has been placed on record by the learned State Counsel indicative of any apprehension that the applicant is likely to abscond, tamper with evidence, influence witnesses, repeat a similar offence, or otherwise obstruct the fair administration of justice.

6. 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. 7. The bail application is allowed.

8. Let the applicant, namely, Manoj Singh Negi 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 not, in any manner, tamper with or attempt to tamper with the evidence during the course of trial.

(ii)The applicant shall not, either directly or indirectly, threaten, coerce, or intimidate any prosecution witness, nor shall he attempt to influence them in any manner.

(iii) The applicant shall appear before the trial Court on each and every date fixed, unless his personal appearance is formally exempted by the Court.

committing any offence which is of similar nature to that which forms the subject matter of the present case.