2025:UHC:10798 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 BA2 No.280 of 2025 Hon ’ble Alok Mah r a, J. Mr. Anikit Bisht and Mr. Abhishek Anthwal, Advocates for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand. 2. This is second bail application moved by the applicant seeking regular bail in F.I.R./ Case Crime No.278 of 2025, under Section 65(1) and Section 89 of B.N.S. and Section 5(j)(ii) and Section 51/ 6 of POCSO Act, registered at Police Station Patel Nagar, District Dehradun. The first bail application moved on behalf of the applicant was dismissed as not pressed by Co-ordinate Bench of this Court on 17.10.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that he bears no criminal antecedents. It is further submitted that the applicant has been in custody since 10.06.2025. Learned counsel contends that, at the time of the alleged incident, the victim was a major. Reliance has been placed on the Medical Certificate dated 21.06.2025 issued by the Chief Medical Officer, Dehradun, which records the age of the victim as more than 18 years. It is further submitted that in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the victim categorically stated that she had established physical relations with the applicant of her own free will. The same version has been reiterated by the victim in her deposition before the Court, including during cross- examination, consistent with the statement made under Section 183 BNSS. He submits that the applicant, aged about 20 years, is a young man, and his continued incarceration 2025:UHC:10798 would have an adverse impact on his future and career prospects. 4. Learned State Counsel vehemently opposed the bail application. 5. Considering the submission of learned counsel for the parties considering the fact that the victim was about more than 18 years old at the time of alleged incident and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 6. The bail application is allowed. 7. Let the applicant, namely, Kaif be released on bail, on executing personal bond by each one of them and furnishing two reliable sureties by each one of them, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.) 04.12.2025 Arpan 2025:UHC:10798