2025:UHC:9213 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.1044 of 2025 Hon’ble Alok Mahra, J. Mr. Yogesh Upadhyay, Advocate for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarahand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.79 of 2025, under Sections 376 I.P.C. and Section 3 & 4 of POCSO Act, registered at Police Station Kashipur, District Udham Singh Nagar. 3. An F.I.R. was lodged by the father of the victim, alleging that the applicant allured his daughter and took her to a Guest House in May, 2022, where he allegedly made a video of her and, thereafter, blackmailed her on multiple occasions. It is further alleged that in May/June, 2023, he compelled her to make another video, which, out of fear, she continued to do and, subsequently, the said video came to the knowledge of the complainant through his elder daughter. 4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case and has remained in judicial custody since 30.03.2025. It is submitted that the F.I.R. has been lodged with a substantial delay of nearly three years from the date of the alleged incident, without satisfactory explanation for such delay. It is further contended that the video 2025:UHC:9213 alleged to have been made viral was never recovered by the prosecution. Learned counsel submits that the statement of the victim itself reveals that the applicant and the victim were known to each other as schoolmates and shared a friendly relationship. He further submits that there is no medical evidence substantiating the allegation of sexual assault, and the entire prosecution case is based purely on oral testimony. It is also submitted that the applicant, being just 23 years of age, has no prior criminal antecedents, and his continued incarceration would jeopardize his education and future prospects. 5. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 6. The bail application is allowed. 7. Let the applicant, namely, Harsh Tomar be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned subject to the following conditions: (i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. (iii) The applicant shall not leave India without any prior permission of the Trial 2025:UHC:9213 Court. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the complainant/ informant will be free to move the court for cancellation of bail. (Alok Mahra, J.) 15.10.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e 3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C51 09CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.10.15 17:24:50 +05'30'