2025:UHC:3279 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI FIRST BAIL APPLICATION NO. 908 of 2024 Aakash Haldar …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Harshpal Sekhan, learned counsel. Counsel for the State : Ms. Manisha Rana Singh, learned D.A.G. Hon’ble Ashish Naithani, J. This bail application has been filed under Section 439 of the Code of Criminal Procedure by the applicant, Aakash Haldar, aged about 20 years, seeking enlargement on bail in connection with FIR No. 0039 of 2023 and Special Sessions Trial No. 306/2023, registered at Police Station Sitarganj, District Udham Singh Nagar, for offences punishable under Sections 376(3) and 506 IPC, and Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012. The applicant has been in judicial custody since 04.02.2023. 2. As per the State’s case, the complainant, father of the victim, lodged an FIR on 03.02.2023 alleging that his minor daughter, aged about 14 years, was residing with her maternal grandfather at Mahendranagar Shaktifarm. It is alleged that the applicant enticed her and sexually assaulted her on multiple occasions, threatening her with dire consequences if she disclosed the acts to anyone. 1 First Bail Application No.908 of 2024-----Aakash Haldar vs State of Uttarakhand Ashish Naithani J. 2025:UHC:3279 3. During the investigation, the victim’s statements were recorded under Sections 161 and 164 Cr.P.C., she was medically examined, and her age was confirmed through school records as being born on 25.05.2008. A charge sheet was filed on 29.03.2023 under the aforementioned provisions. 4. Learned counsel for the applicant submitted that the applicant has been falsely implicated. It is argued that the applicant and the victim were in a mutual relationship since 2022 and were communicating through Instagram. The family of the victim allegedly disapproved of this relationship and, after issuing threats to the applicant, lodged the FIR. 5. Attention was drawn to minor contradictions between the testimonies of the victim (PW-1) and her father (PW-2) regarding whom the victim first confided in. Counsel also pointed to the delay in lodging the FIR and claimed that a CD showing the applicant and the victim in a consensual relationship has been filed with the bail application. A compounding application under Section 482 Cr.P.C. is also pending, filed jointly by the parties. 6. Learned State counsel opposed the bail application, relying on the counter affidavit filed by the Investigating Officer. It was submitted that the victim, a minor, has consistently stated in her statements that she was sexually assaulted and threatened by the applicant. The school records confirm her minority. Her medical examination indicated a torn hymen, corroborating the allegation of sexual assault. 2 First Bail Application No.908 of 2024-----Aakash Haldar vs State of Uttarakhand Ashish Naithani J. 2025:UHC:3279 7. It was further submitted that the alleged CD was never produced during investigation and is not part of the case diary. The pendency of a compounding application cannot override the statutory bar against compounding of offences under the POCSO Act. The earlier bail application was rejected by the Fast Track Special Court on 27.10.2023 after due consideration. 8. Having heard learned counsel for both sides and perused the material on record, including the victim's statements, medical report, witness testimonies, and school records, this Court is of the considered view that the present application does not merit acceptance for the following reasons: 9. The alleged offences are grave in nature, involving sexual assault on a minor, which attract stringent punishment under the IPC and POCSO Act. Courts are obligated to enforce such provisions in keeping with the legislative intent behind the enactment. 10. Furthermore, the victim’s consistent statements recorded under Sections 161 and 164 Cr.P.C., as well as her deposition before the trial court, lend credence to the State's case. She has unambiguously stated that the applicant committed sexual assault and threatened her. 11. The medical examination corroborates the allegation of sexual assault, noting a torn hymen. This strengthens the prima facie case against the applicant. 12. The claim of a consensual relationship is unsupported by reliable evidence. The alleged CD was not made available 3 First Bail Application No.908 of 2024-----Aakash Haldar vs State of Uttarakhand Ashish Naithani J. 2025:UHC:3279 during investigation and its authenticity remains unverified. Even assuming such a relationship, the minor status of the victim renders any purported consent legally irrelevant. 13. The delay in lodging the FIR is explained in the complaint itself as being due to threats and fear. Courts have consistently held that delay in reporting such incidents, particularly by minors, cannot be treated as fatal to the State's case. 14. Additionally, the minor discrepancy in the victim’s and her father's accounts regarding the initial disclosure does not affect the core allegation. The essential narrative remains consistent and believable. 15. The pendency of a compounding application does not alter the nature of the offence. Offences under the POCSO Act are non-compoundable, and societal interest in punishing such crimes outweighs any private arrangement. 16. The trial is already underway, and four prosecution witnesses have been examined. Granting bail at this stage may affect the integrity of the proceedings, especially given the possibility of the applicant influencing witnesses. ORDER In view of the foregoing discussion and considering the age of the victim, the gravity of the offences, and the evidentiary material supporting the State's case at this stage, this Court does not find it to be a fit case for grant of bail. 4 First Bail Application No.908 of 2024-----Aakash Haldar vs State of Uttarakhand Ashish Naithani J. 2025:UHC:3279 The bail application filed by the applicant, Aakash Haldar, is hereby rejected. Ashish Naithani, J Dated:16.04.2025 NR 5 First Bail Application No.908 of 2024-----Aakash Haldar vs State of Uttarakhand Ashish Naithani J.