2025:UHC:10577 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 No.1343 of 2025 Hon ’ble Alok Mah r a, J. Mr. Tejas Agarwal, Advocate for the applicant. Mr. Akshay Latwal, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./ Case Crime No.163 of 2025, under Section 137(2), 64(2)(m) of B.N.S. and Section 5(J)(ii)(L)/ 6 of POCSO Act, registered at Police Station Kotwali Kotdwar, District Pauri Garhwal. 3. An F.I.R. was lodged by the father of the victim stating that his daughter, aged 17 years, had left his residence on 21.06.2025 at approximately 09: 00 a.m. for some work and had not returned since. It was further alleged that the applicant had been pursuing the victim for a considerable time and had taken her away by luring and coaxing her. During the course of investigation, the victim was recovered from Kotdwar on 22.06.2025, and her statement under Section 161 of the Code of Criminal Procedure was recorded, wherein she stated that the applicant had physically assaulted her. Subsequently, the victim was medically examined, and it was found that she was six weeks pregnant. The pregnancy was terminated in accordance with the order and permission of the competent Court under the provisions of the Medical Termination of Pregnancy Act. 4. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the applicant has no criminal antecedents and has been in custody since 2025:UHC:10577 24.06.2025. Learned counsel further submits that at the time of the alleged incident, the victim was aged 17 years and 2 months, while the applicant was aged approximately 20 years. It is stated that in the statement of the victim recorded before the Court as P.W.-2, she categorically deposed that the applicant and the victim were in a consensual love relationship and that she had accompanied the applicant voluntarily. The victim also stated before the medical examiner that she was in love with the applicant and engaged in physical relations with him of her own free will. 5. Learned State Counsel vehemently opposed the bail application. 6. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 7. The bail application is allowed. 8. Let the applicant, namely, Kamal Kishore be released on bail, on executing personal bond by each one of them and furnishing two reliable sureties by each one of them, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.) 27.11.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365 445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454 C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.11.27 18:18:16 +05'30'