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2025 DAILYLAW 388 (UTT)

TAUFEEQ v. STATE OF UTTARAKHAND

BA1/1501/2025 · 2026-04-24

Alok Mahra

body2025

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 1501 of 2025 Hon’ble Alok Mahra, J. Mr. Abhishek Anthwal and Dr. Neha Gupta, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. alongwith Mr. Nikhil Bisht, learned Brief Holder for the State. 3. The applicant – Taufeeq, who is in judicial custody in connection with FIR/Case Crime No. 09 of 2025, under Sections 137(2), 87, 64(2)(m) of BNS and Section 5(l)/6 of POCSO, registered at P.S.- Piran Kaliyar, District Haridwar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. In this case, an FIR was lodged by father of the victim, wherein, it is alleged that the applicant have induced her minor daughter who ran away from the house. The date of the incident was 29.12.2024, but, FIR was lodged after a delay of six days i.e. on 06.01.2025. After investigation, the victim was recovered from the company of the applicant. 6. Learned counsel for the applicant would submit that applicant has falsely been implicated in the case; that both were in relationship with each other; that victim was major on the date the incident is alleged to have taken place. In support of his contention, learned counsel for the applicant has drawn attention of this Court to the register of the Government Primary School, Piran Kaliyar-II Vikaskhand, Roorkee first attended by the victim in which the date of birth is mentioned as 15.03.2005. 7. Learned State Counsel, on the other hand, has vehemently opposed the bail application. He would submit that victim was minor on the date of incident and as per the statement of the Principal of Madarsa, Gulzarfareed Vidhyalaya, the date of birth of the victim is 03.02.2007. 8. Heard learned counsel for the parties and perused the record. 9. Evening assuming for the sake of argument that the date of birth of the victim is 03.02.2007, then also, the age of the victim on the date of incident was almost about 18 years. In her statement recorded under Section 180 of BNSS, she has submitted that on her own sweet will, she eloped with the applicant and lived in Saharanpur and Delhi. 10. Considering the above facts and also considering the fact that applicant is languishing in jail since 11.01.2025, 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.) 24.04.2026 Ujjwal