2025:UHC:10806 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 BA1 / 9 7 9 / 2 0 2 5 Hon’ble Alok Mahra, J. Ms. Chetna Latwal, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. Applicant-Kapil Kumar, who is in judicial custody in connection with FIR/Case Crime No. 289 of 2024 under Sections 351(2), 64 of B.N.S., Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 67-B of the Information Technology Act registered at Police Station 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. Initially an F.I.R. has been lodged by the father of the victim alleging therewith that the victim is 16 years of age; that, applicant has made an illicit video of the victim and on the pretext of sharing it on social media the applicant had been making physical relation with the victim and threatening her of making the video viral; that, the complainant also made allegation against the brother-in-law of the accused. 6. It is submitted that the victim in her statement under Section 183 of B.N.S. has stated that the applicant and the victim were friends. It is also stated that the applicant had made a video through his phone; she also alleges that during 9 and 10 June, 2024 at night when her mother and sister went to the Nani’s house and father was sleeping in terrace of the house, she called the applicant where they both got physical intercourse with each other and the applicant made a video. She further alleged 2025:UHC:10806 that the applicant thereafter threatened the victim to meet with him otherwise he will viral her video. 7. Learned counsel for the applicant would further submit that during investigation the victim had also brought before the doctor to conduct her medical examination and doctor recorded her statement, wherein she has stated that the applicant had threatened the victim that if she will not talk with her he will make her video viral and also alleged that the applicant made physical relations with her in the month of June. In the medical report, it was mentioned that the hymen was ruptured and the sexual violence could not be ruled out. 8. Learned counsel for the applicant would submit although the allegations against the applicant are indeed serious, the victim was 16 years old and was mature enough to understand the pros and cons of her actions and the consequences thereof; that, if presumed that the physical relationship has been developed between the applicant and the victim, the same would be consensual as between the applicant and the victim there were friendly relationship, therefore, there is no question for forceful sexual relationship by the applicant. 9. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated; that, the applicant and victim were in love affair; that, the applicant is in judicial custody since 03.10.2024; that, the applicant is only 20 years old boy long incarcination would defiantly ruined his future; that, the trial would take considerable time for its conclusion, therefore, the applicant be enlarged on bail. 10. Per contra, learned State counsel vehemently opposes the bail application, submitting that serious allegations have been levelled against the applicant, particularly as the victim was a minor at the 2025:UHC:10806 time of the incident. However, he fairly concedes that the victim, in her statement, admitted that she and the applicant were friends. She further stated that on the nights of 09 and 10 June 2024, when her mother and sister were at her maternal grandmother’s house and her father was sleeping on the terrace, she had called the applicant, they engaged in physical relations, and the applicant recorded a video on his mobile phone. It is also pointed out that the applicant has been in judicial custody since 03.10.2024. 11. Having considered the rival submissions and perused the material available on record, and without commenting on the merits of the case, this Court finds that the applicant has been in judicial custody since 03.10.2024, the investigation is complete, the victim herself admits to a prior friendly relationship with the applicant. In the totality of circumstances, a case for grant of bail is made out. 12. Accordingly, the bail application is allowed. 13. Let the applicant be released on bail, subject to furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. (Alok Mahra, J.) 04.12.2025 Mamta