2026:UHC:2924 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.2522 of 2025 Hon’ble Alok Mahra, J. Ms. Sukhwani Singh, Advocate for the applicant. Mr. Akshay Latwal, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in Case Crime/F.I.R. No.0033 of 2025, under Section 140(3) of B.N.S., 2023, registered at Police Station Banbasa, District Champawat. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; that he has no criminal antecedents and has been in judicial custody since 05.04.2025. It is further submitted that the victim, in her statement dated 21.06.2025, and the informant (mother of the victim), in her statement dated 08.07.2025 recorded under Section 183 of the B.N.S., 2023, have stated that the victim had gone with the applicant of her own volition and that any physical relationship, if at all, was consensual in nature. It is also contended that no internal or external injury was found on the person of the victim during medical examination. Learned counsel further submits that at the time of arrest, the applicant was neither informed orally nor in writing about the grounds of arrest, thereby rendering the arrest procedurally defective. It is lastly submitted that the applicant undertakes not to misuse the liberty of bail, in case the same is granted. 4. Per contra, learned State Counsel has vehemently opposed the prayer for bail, submitting that the allegations against the 2026:UHC:2924 applicant are grave and heinous in nature, involving serious offences. It is contended that as per the school records, the date of birth of the victim is 20.06.2010, and thus she was approximately 15 years of age at the time of the alleged incident. It is further submitted that in her statement, the victim has categorically stated that physical relations were established between her and the applicant on several occasions, and therefore, considering her minority, the question of consent is legally immaterial. It is thus argued that no indulgence ought to be granted to the applicant. 5. Having heard learned counsel for the parties and perused the material available on record. The victim, as per school records, is stated to be about 15 years of age at the time of the alleged incident. Thus, she is a minor. In cases involving a minor, consent is legally immaterial, particularly in offences of sexual nature. Even if the victim accompanied the applicant voluntarily or maintained a relationship, the same does not dilute the gravity of the offence. The statement of the victim indicates that physical relations were established on multiple occasions, which prima facie supports the prosecution case. The contention regarding absence of injuries during medical examination does not, by itself, negate the allegations, especially in cases involving repeated consensual or non- forceful acts. The argument relating to procedural irregularity in arrest, even if assumed to be correct, does not by itself entitle the applicant to bail when serious allegations involving a minor victim are made. The offences alleged are grave and heinous in nature, carrying severe punishment, and have a serious impact on society. 6. Considering the gravity of the offence, the age of the victim, the nature of allegations, and the overall facts and circumstances of the case, this Court is of 2026:UHC:2924 the view that no case for grant of bail is made out at this stage. 7. Accordingly, without expressing any opinion on the merits of the case, the bail application is rejected. (Alok Mahra, J.) 21.04.2026 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=060FC17022BEAE3DE215D68D9D454C5109CB987446351E 4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.21 18:12:41 +05'30'