No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 2120 of 2024 Hon’ble Alok Mahra, J. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned D.A.G. for the State. 3. The applicant – Amit, who is in judicial custody in connection with Case Crime/FIR No. 462 of 2024, under Sections 65(1), 89, 351(2), 351(3), 127(2) of BNS, 2023 and Section 3(A)/4(2), 5(l)/6 of POCSO, registered at P.S.- Pathri, District Haridwar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. In this case, FIR was lodged by the father of the victim against the applicant, his sister-in-law and sister, wherein, he has alleged that the applicant raped his minor daughter (victim) in connivance and help of his sister-in-law and sister. After investigation, charges under Sections 65(1), 89, 351(2), 351(3), 127(2) of BNS, 2023 and Section 3(A)/4(2), 5(l)/6 of POCSO were framed against the applicant and the Investigating Officer did not find involvement of sister-in-law and sister of the applicant in the said incident. 6. Learned counsel for the applicant would submit that statements of the mother of the victim, victim and her father have been recorded as PW-2, PW-3 and PW-4 respectively. In these statements, all witnesses have become hostile and have totally denied the happening of the said incident. Furthermore, learned counsel for the applicant has drawn attention of this Court to the medical report dated 11.08.2024. Perusal of the medical report would also say that there is no definite opinion about the rape and abortion on the victim. Besides this, learned counsel for the applicant has also disputed the correct age of the victim. In the statement of the father of the victim, he has submitted that the victim is about 17 years of age and at the time when she was admitted in Class I in primary school, she was much older but her age was recorded as 5 years. 7. Per contra, learned State Counsel vehemently opposed the bail application and would submit that it is evident from the statements of minor victim that present applicant was making physical relations with her since one year. 8. Having considered the submissions of learned counsel for the parties and after going through the material available on record, statement of the victim, statements of father and mother of the victim, and also after perusing the medical report, and, also considering the fact that there is a dispute about the age of the victim and also that since the victim and all the witnesses have denied the happening of the very incident, therefore, prima facie, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 9. Accordingly, the present bail application is allowed. 10. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned. (Alok Mahra J.) 04.09.2025 Ujjwal