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2026:UHC:3848

Office Notes,

reports, orders

or proceedings

SL. or directions

Date COURT’S OR JUDGE’S ORDERS

No. and

Registrar’s

order with

Signatures

BA1 No.1564 of 2025

Hon’ble Alok Mahra, J.

Mr. Shubham Pandey, Advocate for

the applicant.

Mr. V.S. Pal, A.G.A. and Mr. Nikhil

Bisht, Brief Holder for the State of

Uttarakhand.

2. This first bail application has been

moved by the applicant seeking regular

bail in F.I.R. No.0080 of 2025, under

Sections 5(m)/6 of POCSO Act and 64(2)

of B.N.S., 2023, registered at Police

Station Kaladhungi, District Nainital.

3. The First Information Report was

lodged by the mother of the victim

alleging that her husband, who is

stepfather of the victim, have sexually

assaulted the victim, who is aged about 8

years. The statements of the victim were

recorded under Sections 180 and 183 of

B.N.S.S. 2023, wherein she supported the

prosecution version. She was also

medically examined.

4. Learned counsel for the applicant

submits that the applicant has been

falsely implicated in the present case;

that he has no criminal antecedents and

is in judicial custody since 31.07.2025. It

is further submitted that the F.I.R. has

been lodged on false, fabricated and

concocted allegations with the ulterior

motive of implicating the applicant in a

grave offence. Learned counsel contends

that there is no cogent or reliable material

on record to substantiate the allegations

2026:UHC:3848

of sexual assault against the applicant

and that the present proceedings have

been initiated only with a view to malign

his reputation and exert undue pressure

upon him. It is further submitted that

matrimonial discord between the

complainant and her husband has led to

the false implication of the applicant in

the present case. Learned counsel also

submits that the applicant undertakes not

to misuse the liberty of bail and shall

cooperate with the trial proceedings.

5. Per contra, learned State Counsel

vehemently opposed the bail application.

It is submitted that the allegations

levelled against the applicant are grave

and serious in nature, pertaining to the

sexual exploitation of a minor victim.

Learned counsel submits that the

prosecution case is duly corroborated by

the statements of the victim recorded

under Sections 180 and 183 of the

B.N.S.S., wherein she has consistently

supported the allegations levelled in the

F.I.R. It is further submitted that the

victim has also been examined before the

trial Court as P.W.-1 and, in her

testimony on oath, has reiterated and

supported the prosecution version in

material particulars. It is, therefore,

contended that considering the gravity of

the offences alleged, the tender age of

the victim, the material collected during

the course of investigation, and the

statements of the victim and other

prosecution witnesses, no ground for

grant of bail is made out in favour of the

applicant.

6. Heard learned counsel for the parties

and perused the record. The allegations

pertain to the sexual exploitation of a

minor victim, which constitute serious

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offences carrying severe punishment. The

statements of the victim recorded under

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

consistently support the prosecution case.

Moreover, the victim, while being

examined before the trial Court as P.W.-

1, has reiterated the allegations against

the applicant on oath and has materially

supported the prosecution version. At this

stage, there appears to be sufficient

prima facie material connecting the

applicant with the alleged offence. The

plea of false implication on account of

matrimonial discord is a matter of trial

and cannot be conclusively examined at

the stage of consideration of bail.

Considering the heinousness of the

offence, the age of the victim, and the

possibility of influencing witnesses, this

Court finds that custodial protection of

the applicant is necessary.

7. Considering the nature of

accusations, the age of the victim, and

the overall facts and circumstances, no

ground for grant of bail is made out at

this stage.

8. Accordingly, the bail application is

rejected.

(Alok Mahra