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. 2800 of 2023 Hon’ble Alok Mahra, J. Mr. Pawan Mishra, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned D.A.G. for the State. 3. This is first bail application moved by the applicant seeking regular bail arising out of F.I.R No. 180 of 2023 under Sections 376(3) and 506 of IPC and Section 5(l)/6 of POCSO Act, registered at Police Station Kotwali, District Dehradun. 4. The complaint was lodged by elder sister of the victim on 06.05.2023. In the complaint, it was lodged that the applicant by coercion and threat was sexually assaulting the victim for the last three months. Statement of the victim and complainant were recorded under Section 161 Cr.P.C. in which they have reiterated the story, as narrated in the FIR, but, in her statements under Section 164 Cr.P.C., the victim has mentioned the date of the alleged incident on 03.05.2023. Thereafter, chargesheet was filed and trial has commenced. PW-1 i.e. the victim, in her cross-examination, has categorically submitted that she was not sexually assaulted by the applicant on 03.05.2025 and she has stated that 5. Learned counsel for the applicant submits that applicant is the cousin of the victim and there was a property dispute between the family, due to which, applicant has been falsely implicated in the case; that there is contradiction of statements of the victims as recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C.; that in paragraph 14 of the statement of victim as recorded under Section 164 Cr.P.C., she has categorically stated that the applicant did not commit the sexual assault with her on the date of alleged incident i.e. on 03.05.2023; that the medical evidence, available with the prosecution, do not support the story of prosecution against the applicant; that the applicant is in jail since 06.05.2023. 6. Per contra, learned State Counsel has vehemently opposed the present bail applicant and has submitted that based on the statement of the victim and the complainant recorded under Section 164 Cr.P.C., applicant has been chargesheeted in the case and thus, the present bail application is liable to be dismissed. 7. I have perused the record and considered the submissions advanced by learned counsel for the parties. 8. Having considered the facts and circumstances of the case, this Court is of the view that there is no good ground to enlarge the applicant on bail and the present bail application deserves to be rejected. 9. Accordingly, the present bail application is rejected. (Alok Mahra, J.) 14.08.2025 Ujjwal