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2025 DAILYLAW 341 (UTT)

MOHD SHAHNAWAZ v. STATE OF UTTARAKHAND

BA1/929/2025 · 2026-04-22

Alok Mahra

body2025

Judgment text

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. 929 of 2025 Hon’ble Alok Mahra, J. Ms. Pushpa Joshi, learned Senior Counsel, assisted by Ms. Nipush Mola Joshi, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State. 3. The applicant – Mohd. Shahnawaz, who is in judicial custody in connection with FIR/Case Crime No. 38 of 2025, under Sections 137(2), 87, 64(1) of BNS and under Section 3/4 of POCSO Act, registered at P.S. Jaspur, District Udham Singh Nagar, has sought his release on bail. 4. In this case, applicant is in judicial custody in relation to the FIR, which was lodged by the father of the victim, wherein, it was alleged that victim went to the school, but, did not return back to her home. Thereafter, she was found in the company of the applicant. 5. Learned counsel for the applicant would submit that in her statements recorded under Section 180 and 183 of BNSS, the victim has submitted that the applicant and the victim are resident of the same locality and they were knowing each other and were fond of each other and she went with the applicant after the applicant threatened her that since her family came to know about their relationship, therefore, they would kill them. Thereafter, the applicant took her to his mother’s sister’s house (khala), where forcefully Nikah was read against her wishes. Thereafter, physical relations were made. It is further submitted that even if she made any physical relations, it was made consensually. Victim was aged more than 16 years of age and she knew about the consequences of her actions. It is also contended that in the medical report also, no injury was found and applicant is in judicial custody since 25.01.2025. 6. Learned State Counsel, on the other hand, has vehemently opposed the bail application. He would further submit that victim has supported the prosecution case and she was minor at the time of alleged incident. 7. Be that as it may, on the last occasion, State was granted time to bring on record the statements of the witnesses, who have been examined till date, but, despite giving ample opportunities, learned State Counsel today, on instructions, would submit that only statements of PW1 victim are there on record and not of others. 8. Heard learned counsel for the parties and perused the record. 9. Considering the above facts and also considering the fact that the victim and the complainant have been examined in the Court 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. 10. The bail application is allowed. 11. 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.) 22.04.2026 Ujjwal