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2026:UHC:3813

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.2554 of 2025

Hon’ble Alok Mahra, J.

Mrs. Sheetal Selwal, Advocate for

the applicant.

Mr. Manoj Bhatt, Brief Holder for

the State of Uttarakhand.

2. This first bail application has been

moved by the applicant seeking regular

bail in Case Crime/F.I.R. No.0129 of

2025, under Sections 137(2), 64(2) (3),

65(1) of B.N.S. and Section 5(m)/6 of

POCSO Act, registered at Police Station

Haldwani, District Nainital.

3. A missing report was lodged by the

father of the victim on 28.04.2025

alleging that his minor daughter had

been missing since 26.04.2025.

Subsequently, the victim was recovered

on 24.05.2025 from the company of the

applicant. Thereafter, her statements

under Sections 180 and 183 of B.N.S.S.

were recorded, wherein she stated that

she and the applicant were acquainted

with each other, had developed a love

relationship and had been residing

together in a live-in relationship for the

last about ten months. She further

stated that, during the said period, they

had established physical relations with

her consent.

4. Learned counsel for the applicant

submits that the applicant has been

falsely implicated in the present case and

is languishing in judicial custody since

28.04.2025. It is contended that the

statement of the victim has also been

2026:UHC:3813

recorded before the Court below as

P.W.1, wherein she has substantially

reiterated the version given by her in her

statements recorded under Sections 180

and 183 of B.N.S.S. Learned counsel

further submits that, at the time of the

alleged incident, the victim was above 16

years of age, whereas the applicant was

about 22 years of age. It is further

argued that the entire prosecution case

arises out of a consensual love affair

between the parties and no allegation of

force, coercion or inducement is borne

out from the statements of the victim. It

is further submitted that since the victim

has already been examined before the

trial Court, the possibility of the applicant

influencing or tampering with the

prosecution evidence does not survive. It

is lastly submitted that the trial is likely

to take considerable time and, therefore,

the applicant deserves to be enlarged on

bail.

5. Learned State Counsel vehemently

opposed the bail application.

6. The victim, in her statements

recorded under Sections 180 and 183 of

B.N.S.S., and also in her deposition

before the trial Court as P.W.1, has

categorically stated that she was

acquainted with the applicant, was in a

consensual love relationship with him

and had voluntarily resided with him in a

live-in relationship for about ten months.

Her statements do not disclose any

allegation of force, coercion, threat or

inducement against the applicant. The

victim has already been examined before

the trial Court and, therefore, the

possibility of the applicant influencing

witnesses or tampering with prosecution

evidence appears remote. The applicant

2026:UHC:3813

is in judicial custody since 28.04.2025

and the conclusion of trial is likely to

take time.

7. Accordingly, without expressing any

opinion on the ultimate merits of the

matter, this Court is of the considered

view that the applicant has made out a

case for grant of bail at this stage. The

bail application is allowed.

8. Let the applicant-Shueb Hamza

Siddiqui be released on bail, on

executing personal bond and furnishing

two reliable sureties, each of like

amount, to the satisfaction of Court

concerned.

(Alok Mahra, J.)

18.05.2026

Arpan

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