I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

02^nd JANUARY, 2026

FI RST BAI L APPLI CATI ON NO. 2495 of 2025

Sahil Verma ..…Applicant

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicant : Mr. Pankaj Singh Chauhan,

Advocate & Mr. Aditya Singh,

Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani,

Brief Holder.

Hon’ble Alok Kumar Verma,J.

Applicant – Sahil Verma is in judicial custody for

the offence punishable under Section 64 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.54 of 2025,

registered at Police Station Mallital, District Nainital.

2. According to the First Information Report dated 09.12.2025, in the month of May, 2024, the informant went to meet the applicant. On 24.07.2024, he took her to a mall to show her a movie. He took her to a Botanical Garden on 31.07.2024. He gave her coca-cola. She became semi- unconscious after taking it. He committed rape on her. After the said incident, he started blackmailing her. He forced her

to send him nude videos and photos.

3. Heard Mr. Pankaj Singh Chauhan, learned counsel for the applicant and Mr. Pradeep Lohani, learned

Brief Holder for the respondent.

4. Mr. Pankaj Singh Chauhan, Advocate, has contended that the said allegations are false and fabricated. The informant is a student of Bachelor of Arts and Bachelor of Laws and the applicant is a student of Bachelor of Commerce. The relationship between the applicant and the alleged victim was consensual. He has not committed any offence. There is a delay of one and a half years in lodging the First Information Report and no explanation has been given for the said delay. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he is in custody since 10.12.2025.

5. Mr. Pradeep Lohani, Brief Holder, has opposed the bail application orally. However, he submitted on instructions that no alleged video or photo has been found during the investigation till date.

6. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage.

8. The Bail Application is allowed.

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

__________________

ALOK KUMAR VERMA, J.

Dt: 02.01.2026 Pant