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2026 DAILYLAW 1021 (UTT)

AADIL v. STATE OF UTTARAKHAND

BA1/2500/2025 · 2026-01-23

Alok Mahra

body2026

Judgment text

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2026:UHC:636 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.2500 of 2025 Hon’ble Alok Mahra, J. Mr. Abhishek Anthwal, Advocate for the applicant. Mr. Pratiroop Pandey, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.0042 of 2025, under Section 352, 65(1) of B.N.S. and Section 3 and 4 of POCSO Act, registered at Police Station Clement Town, District Dehradun. 3. An F.I.R. was lodged by the mother of the victim alleging that the victim was about 15 years of age and that she used to remain absent from her house for 2–3 hours daily. Upon enquiry, it was allegedly discovered that during this period, the victim was in the company of the applicant, and it was further alleged that the applicant had committed sexual assault upon her. 4. Learned counsel for the applicant submits that the victim was subjected to medical examination, wherein the medical report categorically records that the hymen was found intact and the doctor opined that the microscopic examination of the vaginal smears did not reveal the presence of any spermatozoa. It is further submitted that a supplementary affidavit has been filed on behalf of the applicant, annexing photographs evidencing the marriage of 2026:UHC:636 the victim with another person. From the said photographs, it is prima facie apparent that the victim appears to be a major. Learned counsel also places reliance upon Instagram chat conversations exchanged between the victim and the applicant, which, according to him, demonstrate that the applicant has been falsely implicated in the present case. Learned counsel further submits that in the event the applicant is enlarged on bail, he shall not misuse the liberty of bail and undertakes to furnish adequate bail bonds and sureties to the satisfaction of this Court. 5. Learned State Counsel has vehemently opposed the prayer for bail. 6. 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. 7. The bail application is allowed. 8. Let the applicant, namely, Aadil be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) Vacation Judge 23.01.2026 Arpan