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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
2026:UHC:2859
BA 1st No.255 of 2026
“Amit Kumar Vs. State of Uttarakhand” Hon’ble Ashish Naithani, J.
Mr. D.N. Sharma, Ms. Manju Bahuguna, learned counsel for the Applicant.
2. Mr. Chitrarth Kandpal, learned Brief Holder, for the State of Uttarakhand.
3. In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant – Amit Kumar, who has been accused in FIR No.0303 of 2025, under Sections 64 (2) (m), 351 (3) and 123 of the Bharatiya Nyaya Sanhita, 2023 and under Section 67 of the Information Technology Act, at Police Station Khanpur, District Haridwar.
4. According to the prosecution case, an FIR No. 0303 of 2025 was lodged on 10-11-2025 at Police Station Khanpur, District Haridwar, by the complainant/prosecutrix Soniya D/o Karmveer, alleging that on 29-08.2025 she had gone to Laksar for depositing an electricity bill and while returning, she met the Applicant Amit Kumar, who allegedly took her on his motorcycle on the pretext of having food, administered some intoxicating substance, and thereafter committed rape with her in a hotel at Laksar and also made an obscene video, besides extending threats.
5.
Learned counsel for the Applicant submits that the Applicant has falsely been implicated in the present matter
and he is languishing in jail since 17.11.2025. He further submits that the Applicant has no criminal history. It is contended by the learned counsel for the Applicant that there is a 70 days’ of delay in lodging the FIR. Learned counsel representing the Applicant further submits that there are contradictions between the FIR and the statement recorded of the victim under Section 180 of BNSS.
6. Learned State Counsel has vehemently opposed the bail application of the Applicant with the contention that the present Applicant had threatened the victim to make her video viral and due to social stigma, the FIR could not be lodged promptly. He further submits that during the course of investigation, the obscene video was recovered from the mobile phone of the Applicant.
7. Considering the overall facts and circumstances of the case, the Applicant has made out a case for bail.
8. Accordingly, bail application is allowed. It is directed that the Applicant - Amit Kumar, who has been accused in FIR No.0303 of 2025, under Sections 64 (2) (m), 351 (3) and 123 of the Bharatiya Nyaya Sanhita, 2023 and under Section 67 of the Information Technology Act, at Police Station Khanpur, District Haridwar, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him.
(Ashish Naithani, J.)
20.04.2026 Nitesh/