2025:UHC:1455 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL 1st Bail Application No. 2186 of 2024 Kamlesh ......Applicant Vs. State of Uttarakhand …..Respondent Mr. D.C.S. Rawat, 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 Kamlesh (aged about 35 years), S/o Shri Chandrapal Singh, R/o Naigyana, Post Chorkhinda, PS Thalisain, District Pauri Garhwal. The applicant is in judicial custody in Case Crime/FIR No. 18 of 2024, registered under Sections 351 (2), 65 (2) of the Bhartitya Nyaya Sanhita, 2023 and Section 3 (Ka) 4 (2) of Protection of Children from Sexual Offences Act, at Police Station Thalisain, District Pauri Gahrwal. 2. Heard learned counsel for the applicant and learned counsel for the State. 3. It is contended on behalf of the applicant that the FIR has been lodged with the delay of 5 days; that as per the medial records, there are no signs of injury, hence no sexual assault can be said to have been committed and as per the medical record, it is also recorded that hymen of the victim is intact and that summaries the contention of the applicant that the alleged offences of committing rape cannot be concluded with the victim. It is also alleged that the victim’s statement recorded under Section 161 Cr.P.C. and the statement under Section 65(2) of the Bhartiya Nyaya Sanhita, 2023 is not attracted. Victim’s statement under Section 183 of the BNSS does not corroborate as it is not clear as to whether there were people present at the place of incident, hence it is prayed that the applicant may be enlarged on bail. 2 4. Bail has wrongly opposed on behalf of the State with the contention that the victim has categorically supported the prosecution version that the applicant sexually assaulted her and that alone is the ground for not grating the applicant bail. 5. After hearing learned counsel for the parties, and perusing the material on record, at this juncture, I do not find this matter befitting of allowing the bail, firstly, the victim is a minor, who is 12 years old and as per her statement (though the trial is still going on) granting bail to the applicant, will affect the merits of the case; hence the Bail Application is liable to be rejected. 6. Accordingly, the bail application is rejected at this stage. (Ashish Naithani, J.) 28.02.2025 Kaushal