2026:UHC:655 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Bail Application No.117 of 2026 Jatin ...... Applicant Vs. State of Uttarakhand ..... Respondent ---------------------------------------------------------------------------- Present: Mr. Ajeet Kumar Yadav, learned counsel for the applicant through V.C. Mr. Devendra Singh, learned A.G.A. for the State ---------------------------------------------------------------------------- Dated: 28.01.2026 Hon’ble Subhash Upadhyay, J. Applicant Jatin, who is in jail in Case Crime/FIR No.0431 of 2023 (Criminal Case No.499 of 2025) for the offences punishable under Sections 323, 341 and 376-D of IPC, registered with P.S. Khatima, District Udham Singh Nagar, has sought his release on bail. 2. As per the allegations levelled by the mother of the victim in the first information report, victim was taken to a forest area by co-accused Neha, Himanshu, Sanjeet Singh Rana and the present applicant Jatin; Neha offered a cold drink to the victim and in the state of intoxication rape was committed upon the victim by the applicant Jatin and other co-accused Himanshu and Sanjeet Singh Rana. 2 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case; the FIR was lodged after an inordinate delay of eight months and no plausible explanation has been provided by the prosecution for the same; that, there is no evidence against the applicant. 4. He would further submit that the statement of the victim was recorded in the trial court wherein she has turned hostile; moreover, in the statement recorded in the trial court she has deposed that she was in love with co-accused Sanjeet Singh Rana and has denied having any acquaintance with the applicant. He further submits that co-accused Sanjeet Singh Rana has already been granted bail by Additional Sessions Judge/F.T.S.C., Udham Singh Nagar, vide order dated 19.01.2026, on the ground that victim has not supported the prosecution story and has turned hostile. At last, learned counsel submits that the applicant is languishing in jail since 28.03.2025 and has no criminal history. 5. Learned State Counsel, though, opposes the bail application of the applicant but fairly admits that the victim has turned hostile in the trial court and that the 3 co-accused Sanjeet Singh Rana has been granted bail by the Trial Court itself. 6. Considering the entire conspectus of things but without expressing any opinion on the final merits, of the case, bail application is allowed. Applicant Jatin is directed to be released on bail on his executing a personal bond of ₹25,000/- and furnishing two reliable sureties, each of the like amount, to the satisfaction of Magistrate concerned. (Subhash Upadhyay, J.) Vacation Judge 28.01.2026 Rajni RAJINI GUSAI N Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876 db48448ac3701a9ae475a2547e4 b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2 222B4DF4FC80D4557562F95BEB A013F530616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2026.01.28 15:31:40 +05'30'