Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8135 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.2533 of 2024 Hon’ble Alok Mahra, J.
Mr. Karan Anand, Advocate, holding brief of Mr. Vikas Kumar Guglani, Advocate for the applicant.
Mr. V.S. Rawat, A.G.A. for the State of Uttarakhand.
2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.109 of 2022, under Sections 376AB of I.P.C. and Section 5(m)/6 of POCSO Act, registered at Police Station Dineshpur, District Udham Singh Nagar.
3.
Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime, has no criminal history and is languishing in jail since
14.07.2022. He submits that applicant has neither called the victim at his home nor has committed rape with her; that there was conflict between the family of the victim and the applicant in respect of money, therefore, complainant has falsely implicated the applicant. He submits that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.
4. Per contra, learned State Counsel submits that the victim in her statement recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C. has fully supported the prosecution version and has stated that the applicant called her to his house and sexually assaulted her. He further
2025:UHC:8135 submits that the age of the victim at the time of said incident was six and a half years and the applicant was aged about 40 years.
5. I have considered the submission advanced by the learned counsel for the parties.
6. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the applicant at this stage.
7. Consequently, the bail application is rejected.
(Alok Mahra, J.)
12.09.2025 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=eabb68a3895e41937c266c23964c04 85365445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D 9D454C5109CB987446351E4DF04AADAA2C2 CEA66, cn=ARPAN JAISWAL Date: 2025.09.12 16:57:54 +05'30'