2025:UHC:3776 1 HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 2544 of 2024 9th May, 2025 Pawan Singh @ Neeraj Thakur --Applicant Versus State Of Uttarakhand --Respondent ---------------------------------------------------------------------- Presence:- Mrs. Pushpa Joshi, learned Senior Counsel assisted by Ms. Nipush Mola Joshi, learned counsel for the applicant. Mr. K. S. Bora, learned D.A.G. for the State. Mr. R.S. Rawat, learned counsel for the complainant. ---------------------------------------------------------------------- Hon'ble Alok Mahra, J. Applicant Pawan Singh @ Neeraj Thakur, who is in judicial custody in Case Crime/ FIR No. 453 of 2024, under Sections 351 (2) & 64 BNS and under Sections 3/4 of POCSO Act, P. S. Rudrapur, District Udham Singh Nagar, has sought his release on bail. 2. Heard learned counsel for the parties and perused the material available on record. 3. As per the FIR, on 06.09.2024, at about 1:30 pm, the daughter of the complainant, a minor aged about 14 years, and his wife along with two sons were sleeping 2025:UHC:3776 2 at the home, meanwhile, the applicant, after consuming alcohol, entered the house of the victim and forcibly took her to his room through the roof and raped her. Thereafter, the complainant’s wife reached the house of the applicant, in which applicant was caught red handed. 4. Learned Senior Counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the instant case; that, applicant has no criminal history and; he is languishing in jail since 10.09.2024; that, the FIR is delayed by 2 days; that, as per medical report there are no injuries in the external or internal body of the victim. She would further submit that there are contradictions in the statements of the victim under Section 161 Cr.P.C. and under Section 164 Cr.P.C. 5. Learned Senior Counsel for the applicant would further submit that as per statement of the victim, she has gone to the house of the applicant on her own will; that, there is no evidence to connect the applicant with the alleged commission of the crime and no purpose would be served by keeping the applicant behind the bars for indefinite time as the trial court is likely to take considerable time. 2025:UHC:3776 3 6. Learned State Counsel would vehemently oppose the bail application, however, he would admit that the trial is likely to take considerable time. 7. In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail. 8. The bail application is thus, allowed and the applicant is directed to 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.) 09.05.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28c df4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F4187 55DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.05.09 18:34:54 +05'30'