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. 1282 of 2025 Hon ’ble Alok Mah r a, J.
Ms. Nipush Mola Joshi, learned counsel for the applicant. Mr. V.S. Pal, learned A.G.A. for the State of Uttarakhand. 2. The applicant – Surendra, who is in judicial custody in connection with FIR/ Case Crime No. 88 of 2025, under Section 64(1), 137(2) of BNS and Section 3/ 4 of POCSO Act, registered at Police Station-Jaspur, District Udham Singh Nagar, has sought his release on bail. 3. In this case, an FIR was lodged on 11.03.2025 against the applicant under Sections 64(1), 137(1) of BNS and Section 3/ 4 of POCSO Act. In the FIR, it was alleged that the victim went to school, but, did not return home after the school and she returned back in the night the same day. Thereafter, statements were recorded under Section 161 Cr.P.C. in which she stated that applicant had taken her in his car and offered her juice and after drinking the said juice, she fainted and got unconscious. Then, applicant took her to hotel and committed sexual intercourse with her. When she regain consciousness, applicant dropped her at her residence. After six days of the incident, the victim committed suicide. Police also recovered a suicide note in which the victim mentioned that there was love relationship between the applicant and the victim. 4. Learned counsel for the applicant would submit that applicant has falsely been
implicated in the case; that both of them were in love relationship with each other and this fact annoyed the family of the victim; that due to the pressure of the family, the victim committed suicide; that there is no evidence against the applicant that he has committed sexual assault upon the victim except the statement of the victim under Section 161 Cr.P.C. and since she has died thereafter, the applicant would not have any chance to contradict her statement. 5. Learned State Counsel, on the other hand, has vehemently opposed the bail application and have submitted that total five witnesses have been examined till date and FSL report is yet to be received. 6. Heard learned counsel for the parties and perused the record. 7.
Considering the submission of learned counsel for the parties and also considering the fact that that both of them were in love relationship with each other and applicant is in judicial custody since 12.03.2025, without expressing any opinion, as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. 8. The bail application is allowed. 9. Let the applicant be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.)
21.05.2026 Ujjwal