Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2797 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.1834 of 2025 Hon’ble Alok Mahra, J.
Mr. Alok Kumar, Advocate for the applicant.
Mr. V.S. Pal, 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.0095 of 2025, under Sections 137(2), 65(1) B.N.S. and Section 3(A), 4(2) of POCSO Act, registered at Police Station Kotwali Haridwar, District Haridwar.
3. As per the prosecution version, a missing report was lodged by the father of the victim alleging that his minor daughter had gone missing. During investigation, the victim subsequently returned to her home and her statements were recorded by the investigating agency.
4.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has no criminal antecedents. It is further submitted that the applicant has been in judicial custody since 10.02.2025 and there is no likelihood of his absconding or tampering with evidence. Attention is drawn to the statement of the victim recorded under Section 161 Cr.P.C., wherein she stated that she had left her house on her own account as she was scolded by her parents. In her statement under Section 164 Cr.P.C., she further stated that after leaving her house, she
2026:UHC:2797 met the applicant while he was travelling on a scooty, and thereafter both of them went to Rishikesh. It is also stated that subsequently the applicant advised her to return to her parental home. It is further submitted that the medical examination of the victim does not reveal any signs of sexual assault, and no incriminating medical evidence has been collected against the applicant. The allegations, even if taken at their face value, do not prima facie disclose commission of any grave offence warranting continued incarceration. The entire case, as per the prosecution evidence available at this stage, appears to rest primarily on statements which are self-contradictory to some extent and require detailed appreciation during trial. 5. After considering the submissions and material on record, this Court finds that the victim, in her statements under Sections 161 and 164 Cr.P.C., has stated that she voluntarily left her home due to parental scolding and later travelled with the applicant, without any specific allegation of force or coercion. The medical examination does not reveal any signs of sexual assault or physical injury. At this stage, no strong prima facie evidence of grave involvement of the applicant is made out. The applicant has no criminal antecedents, is in custody since 25.06.2025, and there is no likelihood of absconding or tampering with evidence. 6. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicant has made out a case for grant of bail at this stage. The bail application is allowed. 2026:UHC:2797
7. Let the applicant-Abhishek 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.)
18.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb73933 98f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351 E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.18 17:26:44 +05'30'