2025:UHC:10830 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BAI No.2041 of 2025 Hon ’ble Alok Mah r a, J. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Dinesh Chauhan, learned AGA along with Mr. Jay Prakash, learned Brief Holder for the State. 3. Applicant Avesh Malik, who is in judicial custody in connection with Case Crime/ FIR No. 205 of 2025, under Sections 376, 498-A & 506 of IPC and Section 5(l)/ 6 of POCSO Act, registered at P.S. Patel Nagar, District Dehradun, has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution story, an FIR was lodged by the wife of the applicant on 10.05.2025, wherein she has alleged that on 21.12.2020 the accused has committed rape on the complainant, at that time she was minor. 6. Learned counsel for the applicant submits that the complainant and the applicant were married on 24.01.2024 and, at the time of marriage, both were majors; that, their marriage was duly registered on 27.02.2024. He has further submitted that the medical report of the complainant does not give any definite opinion regarding sexual assault; that, the complainant has also levelled grave allegations against the applicant’s father, alleging that applicant’s father too had 2025:UHC:10830 committed rape upon her; however, after due investigation, the applicant’s father has been exonerated and the charge- sheet has been filed only against the present applicant. 7. Learned counsel for the applicant further submits that from the year 2020 to 2024, the complainant did not lodge any FIR or complaint against the applicant alleging any such offence. The inordinate delay of four years in lodging the FIR remains unexplained, which casts serious doubt on the prosecution story. 8. Learned State Counsel has vehemently opposed the bail application. 9. It is well settled by a catena of decisions of the Hon’ble Supreme Court as well as various High Courts that, in cases involving young offenders and consensual relationships between adolescents, a liberal approach may be warranted at the stage of bail, so as to prevent the regressive and adverse influences of prolonged incarceration and to further the principle of best interest of both the parties involved. 10. Having considered the rival submissions and under the facts and circumstances of the case and also considering that the applicant and the complainant were married and the allegations have been levelled for incident, which happened four years prior to the marriage, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 11. Accordingly, the present bail 2025:UHC:10830 application is allowed. 12. Let the applicant 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 Mah r a, J.) 05.12.2025 BS