2025:UHC:5225 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.1958 of 2024 Hon’ble Alok Mahra, J. Mr. Vikas Anand and Mrs. Gyan Mati Kushwaha, Advocates for the applicants. Mr. Deepak Bisht, Deputy Advocate General 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.67 of 2024, under Section 376(3) and Section 506 of I.P.C. and Section 5(j)(ii)/6 of POCSO Act, registered at Police Station Bazpur, District Udham Singh Nagar. 3. An F.I.R. was lodged by father of the victim that the accused has committed sexual assault on the victim repeatedly and lastly in the month of May, 2023, due to which, she became pregnant. 4. It is contended by learned counsel for the applicant that applicant has falsely been implicated in the instant crime, has no criminal history and is languishing in jail since 10.02.2024. Learned counsel for the applicant submits that the F.I.R. is delayed one, inasmuch as, the same has been lodged after eight months of the alleged incident; that as per the F.I.R., the age of victim is 16 years; that in the statement of the victim recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C., she has categorically stated that neither she ever want to school nor she has Aadhaar Card or any proof regarding her age; that prosecution has relied on the statement of the Principal of Government Primary School, wherein he has stated that the date of birth of the victim as recorded in the school is 10.05.2010 and, as such, on the day of incident, she was only 14 years of age; but 2025:UHC:5225 it has not been mentioned that in which class she got admission in the school; that there are contradictions in the story set up by the prosecution and in the statements given by the victim; that in the statement of the mother of the victim she has also stated that victim never went to school; that the Principal has not submitted any register to suggest as to in which class the victim was admitted, therefore, the statement of the Principal cannot be appreciated; that during investigation, the victim gave birth to a baby boy; that D.N.A. Test of the victim, new born baby boy and the accused was conducted in order to ascertain whether the applicant is biological father of the victim. 5. Today, a copy of F.S.L. Report dated 19.12.2024 has been handed over to this Court, which is taken on record. Perusal of the same reveals that applicant is not the biological father of the new born baby boy. 6. 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 applicants deserve bail at this stage. 7. The bail application is allowed. 8. Let the applicant, namely, Vikram @ Vicky 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.) 20.06.2025 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=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.06.23 17:11:03 +05'30'