Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 345 (UTT)

ROHIT v. STATE OF UTTARAKHAND

BA1/2195/2025 · 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. 2195 of 2025 Hon’ble Alok Mahra, J. Mr. A.M. Saklani, learned counsel for the applicant. 2. Mr. Prabhat Kandpal, learned A.G.A. for the State. 3. The applicant – Rohit, who is in judicial custody in connection with FIR/Case Crime No. 139 of 2025, under Sections 137(2), 87, 64(2)(m) of BNS and 5(L)/6 of POCSO Act, registered at P.S.- Bhagwanpur, District Haridwar, has sought his release on bail. 4. In this case, an FIR was lodged by the father of the victim in which it was alleged that the applicant have induced his minor daughter to elope with him. During investigation, the victim was apprehended in the company of the applicant. Thereafter, statements of the victim were recorded under Sections 180 and 183 of BNSS, in which, she has admitted the fact that she was working in the company while the applicant was doing the work of paint. 5. Learned counsel for the applicant would submit that the victim was major at the time of incident and she, on her free consent, established physical relations with the applicant. 6. Learned State Counsel, on the other hand, has vehemently opposed the bail application. Learned State Counsel would submit that as per the statement of the Principal, date of birth of the victim is 08.06.2009. As such, she was about 16 years of age at the time of incident. 7. Heard learned counsel for the parties and perused the record. 8. Be that as it may, there is dispute regarding age of the victim and the victim herself has submitted that she was almost 18 years of age when physical relations were established between her and the applicant and that too were made by her consent. She knew the consequences of her action being 18 years of age. 9. Considering the above fact 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