Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9248 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1 No.1754 of 2025 Hon’ble Alok Mahra, J.
Mr. Harshpal Sekhon, 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.194 of 2025, under Sections 137(2), 70(2), 351(2), 352 of B.N.S., 2023 and Section 5/6 of POCSO Act, registered at Police Station Rudrapur, District Udham Singh Nagar.
3. An F.I.R. was lodged by the mother of the victim, alleging therein that one Suraj @ Sameer had taken her daughter from home at about 07:30 p.m. on 23.04.2025 on the pretext of participating in a dance competition. However, instead of taking her to the said event, he allegedly took her to a Guest House, where he called the present applicant, and both of them committed sexual assault upon her. Thereafter, Suraj @ Sameer dropped the victim near her residence at around 11:00 p.m., whereupon the victim narrated the entire incident to her mother, leading to the registration of the present F.I.R.
4.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is languishing in custody since 07.07.2025. It is further contended that the applicant was in judicial custody, as such separate trials are being conducted against Suraj @ Sameer and the applicant; that the statements of the victim and her mother have already been recorded in Sessions Trial No. 272 of 2025 “State Vs. Suraj @
2025:UHC:9248 Sameer”, wherein the victim has categorically denied the occurrence of the alleged incident. It is submitted that the prosecution witnesses in both cases are identical, and the co-accused, Suraj @ Sameer, has already been enlarged on bail by the learned Sessions Judge. He submits that the applicant, aged about 25 years, is a young man, and his continued incarceration would have an adverse impact on his future and career prospects.
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.
7. Let the applicant, namely, Arbaj 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.)
15.10.2025 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048536 5445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.10.15 17:27:46 +05'30'