2025:UHC:1454 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL 1st Bail Application No. 2165 of 2024 Ashu ......Applicant Vs. State of Uttarakhand …..Respondent Mr. Gaurav Singh, learned Advocate, for the applicant. Mr. S.C.Dumka, learned AGA, for the State of Uttarakhand. Hon’ble Ashish Naithani, J (Oral) Present Bail Application has been moved on behalf of the applicant Ashu (aged about 27 years), S/o Bijendra Sharma, R/o Village Kharak Kalan, Police Station Bhiwani, Haryana. The applicant is in judicial custody in Case Crime/FIR No. 0302 of 2024, registered under Sections 363, 366, 376(2)(n) IPC and Section 5 (1)/6 of the Protection of children from Sexual Offences Act, 2012, at Police Station SIDCUL, District Haridwar. 2. Heard learned counsel for the applicant and learned counsel for the State. 3. At the very outset, it is contended on behalf of the applicant that the victim has not supported the prosecution case and as per her own statements she has denied all the alleged allegations as charged against the applicant, whereas, learned counsel for the respondent-State stated that the applicant had abducted a minor, aged merely 17 years from the legal custody of the parents and committed offence of sexual assault, committed rape and Section 5(1)/6 of the POCSO Act. These facts were stated in her own statements recorded under Section 161 and Section 164 of the Code of Criminal Procedure, 1973. 4. Considering the case of minor, which has no meaning as to her consent, the bail is opposed. 2 5. After hearing learned counsel for the parties, and considering the material on record, at this juncture, and without going into merits of this case, this Court is of the opinion that it is a fit case for bail. ORDER 6. Accordingly, the bail application is allowed. Let the applicant Ashu (aged about 27 years), S/o Bijendra Sharma, R/o Village Kharak Kalan, Police Station Bhiwani, Haryana, who is in judicial custody in Case Crime/FIR No. 0302 of 2024, registered under Sections 363, 366, 376(2)(n) IPC and Section 5 (1)/6 of the Protection of children from Sexual Offences Act, 2012, at Police Station SIDCUL, District Haridwar, be released on bail subject to furnishing of his personal bond and two reliable sureties each in the like amount to the satisfaction of the concerned court. (Ashish Naithani, J.) 28.02.2025 Kaushal