Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 1175 of 2025 Hon ’ble Alok Mah r a, J.
Mr. Tajhar Qayyum, learned counsel for the applicant.
2. Mr. Tumul Nainwal, learned A.G.A. for the State.
3. The applicant – Mohd. Sajid, who is in judicial custody in connection with Case Crime/ FIR No. 0502 of 2024, under Sections 376(3) of IPC and Sections 5(j) (ii)/ 6, 5(n) 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 records.
5. In this case, FIR was lodged by the father of the victim against the applicant, alleging therein that the victim, who was 14 years at the time of the incident, was sexually assaulted by her cousin brother, and, when she was examined by the doctor at Doon Hospital, she was found four months’ pregnant. The foetus was aborted.
6.
Learned counsel for the applicant would submit that the DNA was conducted on the foetus, which does not match with that of the accused; there are material contradictions in the statements given by the victim recorded under Section 161 Cr.P.C and Section 164 Cr.P.C, inasmuch as, she has herself admitted in her examination-in-chief that she had physical relation with one of her classmates several
times in the school’s bathroom and otherwise also. It is further submitted that the applicant has been falsely implicated in the case.
7. Per contra, learned State Counsel vehemently opposed the bail application.
8. Having considered the submissions of
learned counsel for the parties and after going through the material available on record and also the statement of 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.
9. Accordingly, the present bail application is allowed.
10. 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.)
20.11.2025 Ujjwal