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2026:UHC:3625

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.1723 of 2025

Hon’ble Alok Mahra, J.

Mr. Harshpal Sekhon, Advocate for the

applicant.

Mrs. Pushpa Bhatt, Additional

Advocate General for the State of

Uttarakhand.

Mr. Mani Kumar, Advocate for the

complainant.

2. This first bail application has been

moved by the applicant seeking regular bail

in F.I.R. No.335 of 2025, under Sections

137(2), 87 of B.N.S., 2023 and Section

16/17 of POCSO Act, registered at Police

Station Jaspur, District Udham Singh Nagar.

3. An F.I.R. was lodged by the father of

the victim alleging that the applicant had

enticed away his minor daughter during the

night of 28.07.2025. During the course of

investigation, the victim was recovered from

the company of the applicant. Upon

completion of investigation, the

Investigating Officer submitted the charge-

sheet against the applicant.

4. Learned counsel for the applicant

submits that the applicant has been falsely

implicated in the present case; he has no

criminal antecedents and is in judicial

custody since 30.07.2025. It is contended

that the applicant and the victim were

neighbours, were well acquainted with each

other and shared friendly relations. Learned

counsel further submits that both belonged

to different communities and, owing to such

social disapproval, the present F.I.R. has

been lodged against the applicant with

ulterior motives. It is further submitted that

the statements of the victim recorded under

2026:UHC:3625

Sections 180 and 183 supported the defence

version to the extent that the victim had

voluntarily gone during the night to return

the mobile charger to the applicant. In her

said statements, the victim stated that when

she reached there, the electricity went off

and thereafter both of them left the place

together. However, while deposing before

the trial Court as P.W.-1, the victim

allegedly improved and materially changed

her earlier version by stating that the

applicant compelled her to sit on the

motorcycle and thereafter took her to

Thakurdwara. Learned counsel submits that

such material contradictions in the

statements of the victim create serious

doubt regarding the prosecution story and

the same shall be tested during trial. It is

also submitted that there is no allegation of

any sexual assault against the applicant.

The statement of the victim has already

been recorded before the trial Court and,

therefore, there remains no possibility of

influencing the prosecution witnesses or

tampering with the evidence. Learned

counsel further submits that the applicant is

about 21 years of age and, in the event he

is kept incarcerated for a prolonged period

during pendency of the trial, the same is

likely to adversely affect and jeopardize his

future prospects and career.

5. Learned State Counsel vehemently

opposed the bail application.

6. The applicant has no criminal

antecedents and is in judicial custody since

30.07.2025. The material collected during

investigation prima facie reflects that the

victim and the applicant were acquainted

with each other and the statements of the

victim recorded under Sections 180 and 183

indicate circumstances suggesting that she

had voluntarily accompanied the applicant.

It also appears that certain material

contradictions and improvements have

surfaced in her testimony before the trial

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Court, the evidentiary value whereof can

only be examined during the course of trial.

Moreover, there is no specific allegation of

sexual assault against the applicant. Since

the statement of the victim has already

been recorded before the trial Court, the

possibility of influencing prosecution

witnesses or tampering with evidence

appears remote. The applicant is also stated

to be about 21 years of age and prolonged

incarceration during pendency of the trial is

likely to adversely affect and jeopardize his

future prospects and career.

7. Accordingly, without expressing any

opinion on the ultimate merits of the

matter, this Court is o