2026:UHC:1307 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/2151/2025 Hon’ble Alok Mahra, J. Mr. Lalit Sharma and Ms. Sangeeta Bhardwaj, learned counsel for the applicant. 2. Mr. Pradeep Lohani, learned Brief Holder for the State. 3. Applicant – Sahil is in judicial custody in connection with Case Crime/F.I.R. No. 16 of 2025 registered at Police Station New Tehri, District Tehri Garhwal, under Sections 137(2), 64(1) of B.N.S. and under Section 3/4 of Protection of Children from Sexual Offences Act, 2012, has sought his release on bail. 4. It is submitted that initially a missing report was lodged by the father of the victim stating therein that on 17.04.2025 his daughter, aged about 17 years, had gone to Rajakhet Market and did not return home. Despite searching for her at various places, she could not be traced. Subsequently, after recovery of the victim and completion of investigation, the Investigating Officer submitted charge sheet against the applicant. 5. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. It is contended that in her statements recorded under Sections 180 and 183 of the B.N.S.S., the victim categorically 2026:UHC:1307 stated that on 17.04.2025 she had gone with the applicant of her own sweet free will. It is further submitted that she and the applicant stayed together in a hotel in Haryana, where physical relations were established between them. Thereafter, the applicant allegedly put the victim on a bus from Karnal, Haryana, from where her uncle received her and brought her back to Dehradun. 6. It is further argued that at the time of the alleged incident, the victim was approximately 17 years and 11 months old and was on the verge of attaining majority; therefore, the applicability of the POCSO Act is doubtful. It is submitted that the relationship between the applicant and the victim was consensual in nature. The victim is presently pursuing higher education (B.A. 2nd Semester), which reflects her level of maturity and understanding. The applicant is aged about 23 years, and his continued incarceration would adversely affect his future prospects. It is further submitted that the applicant is in judicial custody since 23.04.2025 and his earlier bail application was rejected by the court below on 17.10.2025. On these grounds, prayer is made to enlarge the applicant on bail. 7. Per contra, learned counsel for the State has vehemently opposed the bail application contending that serious and grave allegations have been levelled against the applicant. However, it is not disputed that the applicant is in judicial custody since 23.04.2025 and that his earlier bail application was 2026:UHC:1307 rejected by the court below vide order dated 17.10.2025. 8. The Court has considered the rival submissions and perused the material available on record. Although the allegations are serious in nature, it is noteworthy that the victim, in her statements recorded under Sections 180 and 183 B.N.S.S., has stated that she had accompanied the applicant of her own free will. The victim was aged about 17 years and 11 months at the time of the incident and was sufficiently mature to understand the consequences of her actions. 9. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 10. Accordingly, the bail application is allowed. 11. Let the applicant be released on bail in the aforesaid case crime number 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.) 25.02.2026 Mamta