No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 2465 of 2025 Hon’ble Alok Mahra, J. Ms. Shruti Joshi, learned counsel for the applicant. 2. Mr. Prabhat Kandpal, learned A.G.A. for the State. 3. The applicant – Krishna Singh Kanyal, who is in judicial custody in connection with FIR/Case Crime No. 0158 of 2025, under Section 351(2), 64(2)(m) of BNS and Section 5(l)/6 of POCSO Act, registered at P.S.- Banbhoolpura, District Nainital, has sought his release on bail. 4. In this case, the victim lodged an FIR against the applicant in which it is alleged that on the false pretext of marriage, applicant sexually abused her and also made obscene videos of her. Thereafter, after investigation, chargesheet was filed in the matter. 5. It is the case of the applicant that in her statements recorded under Sections 180 and 183 of BNSS, the victim has submitted that physical relations, which were established between applicant and the victim, were made by her free consent and she has denied of making any obscene videos of her. Further, in her school record, the date of birth of the victim is 26.01.2008. As such, she was 17 years and 4 months of age on the date of the alleged incident. 6. Learned counsel for the applicant would submit that father of the victim in his statement recorded as PW2 has himself deposed that he was married in the year 2004 and after one year of his marriage, victim was born, meaning thereby, victim was born in the year 2005 or early 2006 and thus she was major on the date of alleged incident. 7. Learned State Counsel, on the other hand, has vehemently opposed the bail application. 8. Heard learned counsel for the parties and perused the record. 9. Be that as it may, even admitting the date of birth of the victim as recorded in her school records, victim was 17 years and 4 months old on the date of alleged incident and she has stated that the physical relations which were established between her and the applicant, were made on the basis of her consent. She knew the consequences of her action being more than 17 years of age girl. 10. Considering the statements of the victim and also considering the fact that chargesheet has been filed in the matter and there are no chances of tampering with the evidences or influencing the witnesses, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 11. The bail application is allowed. 12. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra J.) 18.04.2026 Ujjwal