HIGH COURT OF UTTARAKHAND AT NAINITAL Fourth Bail Application No.10 of 2025 Brijesh ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. I.D. Paliwal, Advocate for the applicant Mr. Siddharth Bisht, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody FIR No. 298 of 2022, under Sections 363, 366, 376 (3), Section 5/6 of the Protection of Children From Sexual Offences Act, 2012 and Section 3 (2) (v) (A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kunda, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This fourth bail application of the applicant. His first bail application was dismissed in non prosecution on 24.04.2023. His second bail application was rejected on merits on 18.03.2024. His third bail application was also rejected on 18.02.2025. 4. According to the FIR, the victim a young girl of 15 years was found missing from her house. A report was lodge. According to the victim, the applicant enticed her to accompany him. Thereafter, established physical relation with her on multiple occasions. 2 5. Learned counsel for the applicant submits that admittedly, the applicant and the victim both were in relationship. He submits that in identical case, this Court has granted bail on 30.07.2024 in First Bail Application No. 1418 of 2024, Praveen Lal Vs. State of Uttarakhand. 6. This fact is admitted by learned State counsel. 7. In fact, in First Bail Application No. 1418 of 2024, Praveen Lal Vs. State of Uttarakhand in a somewhat similar case, this Court in para 6 observed as follows:- “6. In the cases of Mahesh Kumar v. State (NCT of Delhi), 2023 SCC OnLine Del 2634, Faizan Wahid Baig v. The State of Maharashtra, MANU/MHOR/62774/2022, Vijaylakshmi and another v. State and another, 2021 SCC OnLine Mad 317, Shri John Franklin Shylla v. State of Meghalaya & Anr., 2023 SCC OnLine Megh 303 and Ashik Ramjali Ansari v. State of Maharashtra and another, 2023 SCC OnLine Bom 1390, the Courts have either granted bail or quashed the proceedings or acquitted the accused in the cases like instant one.” 8. According to the applicant, he was in romantic relationship with the victim. 9. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 10. The bail application is allowed. 11. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 06.11.2025 Jitendra