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Office Notes,

reports, orders

or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with

Signatures

BA1/ 1926/ 2025

Hon’ble Alok Mahra, J.

Mr. D.K. Sharma, learned senior

counsel assisted by Mr. Abhishek Joshi,

learned counsel for the applicant.

2. Ms. Manisha Rana Singh, learned

Deputy A.G. along with Mr. Rakesh Negi,

learned Brief Holder for the State.

3. The present bail application has

been moved seeking grant of regular bail

in connection with F.I.R./Case Crime No.

0268 of 2025, under Sections 137(2), 87

and 64(1) of the B.N.S. and Section 5/6 of

the Protection of Children from Sexual

Offences Act, registered at Police Station

Kashipur, District Udham Singh Nagar.

4. Heard learned Senior Counsel for the

parties and perused the material available

on record.

5. Learned Senior Counsel for the

applicant would submit that the F.I.R.

has been lodged by the mother of the

victim alleging that her minor daughter,

aged about 17 years, was enticed away by

the applicant. It is further alleged that a

similar act had been committed earlier by

the applicant. He would further submit

that as per the arrest memo, the

applicant and the victim were

apprehended together from Tanda Tiraha,

Kashipur on 08.07.2025.

6. He would further submit that in the

statement of the prosecutrix recorded

under Section 180 of the B.N.S.S. on

27.08.2025, she stated that she and the

applicant were known to each other for

the last three years; that they were in

regular contact through social media,

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including Instagram; that they were in a

relationship and intended to marry each

other; that on 12.02.2025, they went to

Haldwani and returned when her mother,

along with the police, brought her back;

that thereafter, on 24.06.2025, they again

went to Haldwani, where they solemnized

marriage in a temple on 28.06.2025 and

thereafter established physical relations;

and that on 07.07.2025, the police

apprehended them and brought her back

to Kashipur.

7. Learned Senior Counsel further

submits that in her subsequent statement

recorded under Section 183 of the

B.N.S.S., the prosecutrix has materially

improved and changed her version by

alleging that the applicant, along with two

other persons, forcibly abducted her,

confined her, and established physical

relations without her consent, while also

extending threats. It is submitted that

such material contradictions in the

statements of the prosecutrix create

serious doubt regarding the veracity of

the prosecution case.

8. It is further submitted that the

earlier statement of the prosecutrix, as

well as the surrounding circumstances,

indicate that the relationship between the

parties was consensual in nature and

attention has also been drawn to the

statements of the applicant’s mother and

neighbours recorded during investigation,

wherein they have not supported the

allegation of confinement or illegal

detention of the prosecutrix. It is thus

argued that, considering the proximity of

age between the applicant and the

prosecutrix (20 and 17 years respectively),

the matter appears to arise out of a

relationship between adolescents rather

than one involving forcible exploitation.

9. Learned Senior Counsel submits

that the applicant is in judicial custody

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since 09.07.2025; that, the charge-sheet

has already been filed; that there is no

likelihood of the applicant tampering with

evidence or influencing witnesses; that,

the applicant is a permanent resident of

District Nainital; and that the trial is

likely to take considerable time to

conclude; that, the bail application of the

applicant was rejected by the court below

vide order dated 26.09.2025.

10. Per contra, learned State Counsel

has opposed the prayer for bail, however,

he does not dispute that there are

material contradictions in the statements

of the prosecutrix recorded under

Sections 180 and 183 of the B.N.S.S., and

that the applicant is in custody since

09.07.2025.

11. Having considered the rival

submissions, perused the material on

record, the nature of allegations, the

materia