2025:UHC:8586 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1254/2025 Hon’ble Alok Mahra, J. Ms. Neelima Mishra Joshi, learned legal aid counsel for the applicant. 2. Ms. Manisha Rana Singh, learned Deputy A.G. for the State. 3. Applicant–Arun, who is in judicial custody in connection with Case Crime No. 17 of 2024, under Sections 137(2), 65(1) of the B.N.S. and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, an F.I.R. was lodged on 04.07.2024 by the complainant alleging that his minor granddaughter, aged about 15 years and a student of Class 10th in Government Inter College, had gone missing. It is also stated that the victim had left home for school on 02.07.2024 wearing her school uniform but neither reached school nor returned home. During search made by the police, the victim was recovered on 06.07.2024 along with the present applicant. 6. Learned legal aid counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case; that, the applicant is in jail since 06.07.2024; that, initially, only a missing report was lodged and the applicant was not named in the F.I.R.; that, there was an unexplained delay of two days in lodging the F.I.R.; that, the victim had allegedly gone with another 2025:UHC:8586 person named Vishal, who booked a hotel room using his own ID, and the victim herself had called him from the accused’s phone and to save said Vishal, false allegations have been levelled against the applicant. 7. Learned legal aid counsel relied upon the statement of the victim under Section 180 B.N.S., wherein the victim stated that on 02.07.2024, after being scolded by her grandparents, she decided to go to Faridabad, Haryana to meet her parents, without informing anyone at home and she took a bus from Chamba to Rishikesh, where she met the applicant, who is a rickshaw driver. It is also stated that the applicant told her that he would help her board another bus, but he kept her in Haridwar, where they visited several ghats. On 03.07.2024, the applicant booked a hotel room in Haridwar where she stayed with him on 03.07.2024 and 04.07.2024. She also stated that during the day the applicant went to work and returned to the hotel at night, and that physical relations took place between them. She remained in the company of the applicant until 05.07.2024. 8. It is thus contended that the statement of the victim itself indicates that she moved about freely with the applicant for several days in Haridwar city, which is a crowded place, yet she neither raised any alarm nor made any attempt to escape. Thus, these circumstances suggest that whatever transpired between them was consensual in nature. It is further submitted that the applicant is only 21 years of age and both he and the victim are of tender age. Hence, the element of coercion appears doubtful, and the applicant deserves to 2025:UHC:8586 be enlarged on bail. 9. Per contra, learned State counsel opposed the bail application but fairly admitted that the victim, in her statement, had indeed stated that she moved about in several public places in Haridwar in the company of the applicant without raising any alarm for help. It is also not disputed that the applicant has been in judicial custody since 06.07.2024. 10. Upon perusal of the record, it is admitted that the victim had voluntarily left her house with the intention of going to Faridabad and, at Rishikesh, came in contact with the applicant. The statement under Section 180 B.N.S. reveals that from 02.07.2024 to 05.07.2024, she remained in the company of the applicant, visited several ghats in Haridwar, stayed in a hotel, and moved about in public places but did not raise any alarm or seek help. 11. Having considered the totality of circumstances, the submissions advanced on behalf of both parties, the period of incarceration of the applicant, and without expressing any final opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 12. Accordingly, the 1st bail application is allowed. 13. Let the applicant be released on bail in the aforesaid case on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned. [ (Alok Mahra, J.) 24.09.2025 Mamta 2025:UHC:8586