2025:UHC:9238 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.1181 of 2025 Hon’ble Alok Mahra, J. Mr. Akshay Joshi, Advocate for the applicant. Mr. Dinesh Chauhan, A.G.A. for the State of Uttarahand. 2. This first bail application has been moved by the applicant seeking regular bail in Case Crime No.51 of 2025, under Sections 64 of B.N.S. and Section 3/4 of POCSO Act, registered at Police Station Pithoragarh, District Pithoragarh. 3. An F.I.R. was lodged by the mother of the victim, alleging therein that the applicant had enticed away her minor daughter and committed sexual assault upon her. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case, has no criminal antecedents and has been languishing in judicial custody for a considerable period. It is contended that the alleged act was consensual in nature, arising out of a mutual relationship between the applicant and the victim, who had become acquainted through the social media platform, Instagram. Learned counsel further submits that the medical examination of the victim does not indicate any external or internal injury on her person, except for a bite mark observed near the right side of her chest, which itself does not conclusively establish the commission of the alleged offence. It is further submitted that, at the time of the alleged incident, the victim was aged about 15 years, 10 months, and 19 days, while the applicant was 18 years of age. It is 2025:UHC:9238 submitted that the statement of the victim reveals that she was pursuing her studies in Class XII and was also an N.C.C. cadet, indicating her maturity and capacity to comprehend the nature and consequences of her actions. It is, therefore, contended that the prosecution version is exaggerated and that no offence under the relevant provisions of the Protection of Children from Sexual Offences Act, 2012 or the Bharatiya Nyaya Sanhita, 2023 is made out against the applicant. 5. Per contra, learned State Counsel has vehemently opposed the bail application, contending that the offence alleged is of a grave and heinous nature. It is further submitted that the applicant hails from Nepal and, if enlarged on bail, there exists a strong likelihood of his absconding from the process of law. 6. In rebuttal, learned counsel for the applicant submits that the contention regarding the applicant’s nationality is wholly misplaced. It is asserted that the applicant has been residing in District Pithoragarh since birth and is a permanent resident thereof. It is further submitted that the apprehension of the applicant’s fleeing from justice is unfounded and without any factual basis. 7. Insofar as the offences punishable under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (a special enactment) are concerned, it is pertinent to observe that although the provisions of the said statute are stringent in nature, such rigour does not preclude the Court from exercising its discretionary jurisdiction to grant or refuse bail, where the facts and circumstances of the case so warrant, in order to secure the ends of justice. 8. The material on record indicates that the prosecutrix had voluntarily left her 2025:UHC:9238 parental home without informing her parents and accompanied the applicant of her own volition. It is, no doubt, true that under the purview of the POCSO Act, the prosecutrix is legally a minor; however, the facts of the present case reveal that she was possessed of sufficient understanding, maturity, and discernment to comprehend the nature and consequences of her actions, and that she had voluntarily joined the company of the applicant. 9. It is well settled by a catena of decisions of the Hon’ble Supreme Court as well as various High Courts that, in cases involving young offenders and consensual relationships between adolescents, a liberal approach may be warranted at the stage of bail, so as to prevent the regressive and adverse influences of prolonged incarceration and to further the principle of best interest of both the parties involved. 10. Having regard to the fact that, at the time of the alleged incident, the applicant was approximately 18 years of age and the prosecutrix was around 16 years of age, and considering the apparent consensual nature of their relationship, this Court is of the considered view that the applicant has made out a fit case for grant of bail. 11. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, the bail application stands allowed. 12. Let the applicant, namely, Rahul Chand 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) Applicant shall report to the Investigating Officer of concerned Police Station once every month on the third Saturday between 2025:UHC:9238 10:00 a.m. to 12:00 p.m. for three months or as and when called; (ii) Applicant shall co-operate with the conduct of trial and attend the trial Court on all dates unless specifically exempted and will not take any unnecessary adjournments, if he does so, it will entitle the prosecution to apply for cancellation of this order; (iii) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner nor shall he make attempts to contact the prosecutrix either physically or by any electronic means; (iv) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time; (v) Any infraction of the above conditions shall entail the prosecution to seek cancellation of this order. (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=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.10.15 17:27:02 +05'30'