2026:UHC:2976 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.1098 of 2025 Hon’ble Alok Mahra, J. Mr. Vivek Shukla, 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.175 of 2025, under Sections 70(1), 61(2), 123, 115(2), 351(2), 352, 77 B.N.S., 2023 and Section 67(A) of I.T. Act, registered at Police Station Kotwali Laksar, District Haridwar. 3. The First Information Report was lodged by the complainant, who is the husband of the victim, alleging that the applicant administered an intoxicating substance to the victim by mixing it in a glass of juice consumed by her. It is further alleged that, after a few months, the victim received a call from one Sayyad and thereafter stayed at the house of the applicant on the pretext of treatment of her children. Subsequently, when the complainant, along with his relatives, visited the house of the applicant, they were allegedly threatened with dire consequences. During the course of investigation, statements of the victim were recorded under Sections 180 and 183 of the B.N.S.S., wherein she reiterated the allegations as set out in the F.I.R. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, has no criminal antecedents, and has been in judicial custody since 08.02.2025. It is contended that the F.I.R. is inordinately delayed, having been lodged after a lapse of approximately three months from the date of the alleged incident. It is further submitted that the medical evidence does not support the prosecution case, as the supplementary medical report does not reveal the presence of spermatozoa, either dead or alive, and no definite opinion regarding sexual assault has been rendered. It is also argued that there are material contradictions in the statements of the victim. Additionally, no incriminating photographs or videos of the victim were recovered from the mobile phone of the applicant. 5. Per contra, learned State counsel opposes the bail application and submits that a mobile phone 2026:UHC:2976 recovered from the possession of the applicant contains obscene photographs and videos of the victim, which were allegedly created and circulated by the applicant. It is thus contended that, in view of the seriousness of the allegations and the material collected during investigation, no indulgence ought to be granted to the applicant. 6. Considering the nature and gravity of the crime, particularly the allegation of administering an intoxicating substance and the subsequent exploitation of the victim, coupled with the fact that the victim has consistently supported the prosecution case in her statements recorded during investigation, this Court does not find it a fit case for grant of relief. The contention regarding delay in lodging the F.I.R. is not sufficient to discredit the prosecution case at this stage, especially in offences of such sensitive nature. Further, the recovery of a mobile phone allegedly containing obscene photographs and videos of the victim, which are stated to have been created and circulated by the applicant, prima facie corroborates the prosecution version. The discrepancies pointed out by the defence and the medical evidence relied upon are matters of trial and cannot be conclusively adjudicated at this stage. In view of the seriousness of the allegations, the possibility of the applicant influencing witnesses, and the overall material collected during investigation, this Court is of 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.) 22.04.2026 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=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C51 09CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.23 18:00:38 +05'30'