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2025 DAILYLAW 15716 (UTT)

ROCKY v. STATE OF UTTARAKHAND

BA1/1353/2025 · 2025-12-05

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10822 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.1353 of 2025 Hon ’ble Alok Mah r a, J. Mr. Vikas Anand and Ms. Gyan Mati Kushwaha, 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 Rocky, who is in judicial custody in connection with Case Crime/ FIR No. 309 of 2024, under Sections 137(2), 64(1) and 87 of BNS, Sections 5/ 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act, registered at P.S. I.T.I., District Udham Singh Nagar, 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 14.11.2024 by the mother of the victim, alleging therein that the accused had induced her minor daughter and had solemnized marriage with her in a temple. 6. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated; that, as per the prosecution case, the victim was about 17 years of age at the time of the incident; that, in her statement under Section 164 Cr.P.C. as well as before the Doctor, she stated that she and the applicant were in a love relationship and had known each other for the past three years; that their marriage was a love marriage; and that, as per her Aadhaar Card and PAN Card, she is shown to be a 2025:UHC:10822 major. 7. Per contra, learned State Counsel has vehemently opposed the bail application and contends that, at the time of the incident, the accused, aged about 34 years, was in a relationship with the victim, who was only about 17 years old. 8. 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. 9. Having considered the rival submissions and under the facts and circumstances of the case and also considering the apparent consensual nature of the relationship between the applicant and the victim, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 10. Accordingly, the present bail application is allowed. 11. 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