2025:UHC:10825 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.1419 of 202 Hon ’ble Alok Mah r a, J. Mr. Yash Bisht, learned counsel for the applicant. 2. Mr. S.S. Chauhan, learned DAG along with Mr. Vikas Uniyal, learned Brief Holder for the State. 3. Applicant Krishna Dhondiyal, who is in judicial custody in connection with Case Crime/ FIR No. 20 of 2024, under Sections 5(j) (ii)/ 6 of POCSO Act and Section 376 of IPC, registered at P.S. Thalisain, District Pauri Garhwal, 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 on 27.07.2024 by the father of the victim, alleging that his minor daughter, aged 16 years and 11 months, had missed her menstrual cycle; that, she was taken to Hans Foundation Hospital, Satpuli, where it was discovered that she was pregnant. Upon enquiry, the victim allegedly disclosed that the present applicant had raped her. 6. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated; that, as per the medical report dated 27.07.2024, the victim was 30 weeks pregnant and subsequently delivered a girl child. Thereafter, the DNA profile of the newborn was sent for comparison with that of the 2025:UHC:10825 applicant. The DNA report, prepared after examining both the accused and the newborn, reflects that the result is negative. 7. Learned counsel for the applicant further submits that since the DNA report conclusively shows that the applicant is not the biological father of the newborn child, the allegation of sexual assault made by the victim becomes doubtful. He has argued that the victim's statement alleging rape by the applicant is, therefore, not reliable. 8. Learned State Counsel has vehemently opposed the bail application. 9. 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. 10. 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 Mah r a, J.) 05.12.2025 BS