Short-term bail on humanitarian grounds for caring for an ailing parent may be denied if other family members are available to provide care and the nature of the crime is heinous.

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Office Notes,

reports, orders

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or proceedings COURT’S OR JUDGE’S ORDERS

BA]

Date or directions

SL.

and Registrar’s

No.

order with

Signatures

(Short Term Bail Appl. No.01 of 2026)

In

BA1 No.753 of 2026

Hon’ble Ashish Naithani, J.

Mr. Pradeep Sharma, learned counsel for the

Applicant appearing through V.C.

2. Mr. S.S. Chauhan, learned Deputy Advocate

General assisted by Mr. Vikas Uniyal, learned Brief

Holder for the State.

3. Present short term/interim bail application is

filed by the applicant seeking his release for 20 days

in FIR/Case Crime No.157 of 2025 for the offences

punishable under Sections 64(1), 351(3), 70(2) of

BNS 2023 and 3/4 of POCSO Act, Police Station

Sitarganj, District Udham Singh Nagar.

4. Heard on short term bail application.

5. In the FIR lodged on 31.05.2025 the

complainant stated that his 17 year old daughter was

taken by the applicant/accused to his House at Ward

No.2, Sitarganj where he locked her in a room; beat

her and forcibly raped her until about 06:00 p.m.

and threatened her to make her videos viral and kill

the family.

6. Learned counsel for the applicant submits

that short term bail is being sought on the extreme

urgent humanitarian ground as the father of the

applicant is suffering from serious and life

threatening cardiac ailments, which requires

immediate care. Learned counsel for the applicant

submits that father of the applicant is aged and is

unable to properly manage his treatment and day-to-

day affairs thus the applicant being the son is

urgently required to take care of his father.

7. On the previous occasion the learned State

counsel was asked to get instruction as to whether

there is any other person available in the family to

take care of the father of the applicant.

8. Today, learned State counsel has placed the

instruction before this Court. As per the

instructions, learned State counsel submits that at

present applicant’s wife and his small son is there in

the family. He submits that at present the wife of the

applicant is taking care of the father of the

applicant. Learned State counsel further submits

that applicant has committed a heinous crime and he

should not be released on short term bail.

9. After hearing learned counsel for the parties

and considering the overall facts and circumstances

of the case, it appears that applicant is trying to

search the grounds for his release on short term bail

while his wife is there in the family to take care of

his father (applicant’s father).

10. Considering the same at this juncture, the

grounds are not found sufficient for first short term

bail at present At this juncture, this Court is not of

the opinion to release the applicant on short term

bail. Accordingly short term bail is rejected.

11. List this bail application on 11.06.2026.

(Ashish Naithani, J.)

25.05.2026

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