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.1762 of 2024 Hon’ble Alok Mahra, J.

Mr. Mani Kumar, Advocate for the applicant.

Mr. Akshay Latwal, A.G.A. for the State of Uttarahand.

2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.143 of 2024, under Sections 363, 376 & 506 I.P.C. and Section 3 & 4 of POCSO Act, registered at Police Station Dineshpur, District Udham Singh Nagar.

3. Learned counsel for the applicant submits that an F.I.R. was lodged by father of the victim; that victim is 16 years and four months old, whereas, the applicant is 20 years of age; that as per the version of F.I.R., the applicant took the victim from outside her house at about 10:00 p.m.; that in the statement of the victim under Section 164 Cr.P.C., she has stated that she was returning alone after attending the marriage at about 10:00-10:30 p.m., that the accused took her to Dineshpur, which is about 4-5 kms. away from there and committed rape upon her in a house and, in the morning of the next day, he left her at Jafarpur market; that in her statement, the Investigating Officer confronted the victim about the contradictions of her statement recorded under Section 164 Cr.P.C. as well as her version in the F.I.R., whereunder she stated that applicant took her from outside her house about 10:00 p.m. on

02.05.2024 and she have given wrong statement under Section 164 Cr.P.C., as she got nervous while giving statement under Section 164 Cr.P.C. before the learned Magistrate; that in the examination-in-chief, the victim has reiterated that when she was returning back alone to her home after attending the marriage, applicant took her to Dineshpur and committed rape upon her; that in her statement, she also stated that she attended the marriage of her close relative and her whole family was present at the marriage, but she choose, best reasons known to her, to come back home all alone. Learned counsel for the applicant submits that it is case of love relationship and the prosecutrix had accompanied the applicant on her own sweet will. He submits that applicant is about 21 years of age and in case he is detained in jail for long, his entire career will be ruined. He submits that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.

4. Learned State Counsel vehemently opposed the bail application and submits that on the basis of oral as well as documentary evidence, the Investigating Officer found cogent and credible evidence against the applicant, therefore, he is not entitled to bail.

5. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.

6. The bail application is allowed.