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2026:UHC:2351 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.1017 of 2025 with BA1 No.1019 of 2025 Hon’ble Alok Mahra, J.
Mr. Parikshit Saini, Advocates for the applicant. Mr. Akshay Latwal, A.G.A. for the State of Uttarakhand. Mr. Gaurav Singh, Advocate for the complainant. 2. These first bail applications have been moved by the applicants 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. An F.I.R. was lodged by the complainant, who is the husband of the victim, alleging that one Sahib had administered some intoxicating substance in a glass of juice consumed by the victim. It is further alleged that after a few months, the victim received a call from one Sayyad and thereafter she stayed at the house of Sahib on the pretext of treatment of her children. Subsequently, when the complainant along with his relatives visited the house of Sahib, they were allegedly threatened with dire consequences by him. 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 stated in the F.I.R.
4. Learned Senior Counsel for the applicant submits that the applicant has been falsely implicated in the present case, has no criminal antecedents, and is in judicial custody since
07.03.2025. It is contended that a bare perusal of the F.I.R. as well as the charge-sheet would reveal that no offence, as alleged, is made out against the applicants, particularly, inasmuch as, there is no material to substantiate any
2026:UHC:2351 allegation of sexual assault upon the victim. It is further submitted that, at best, the allegations may attract the provisions of Section 67A of the Information Technology Act, 2000. 5. Per contra, learned State counsel submits that a mobile phone has been recovered from the possession of the applicant, in which an obscene video was found; however, the identity of the persons appearing in the said video could not be ascertained. 6. The allegations, even if taken at face value, do not prima facie establish the offence of sexual assault. The applicants have no criminal antecedents and have been in judicial custody since 07.03.2025.
The prosecution case rests mainly on an alleged video, in which the identity of the persons is not established. Investigation is complete and charge-sheet has been filed, therefore further custodial detention is not required. There is no likelihood of the applicants tampering with evidence or influencing witnesses. 7. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicants have made out a case for grant of bail at this stage. The bail applications are allowed. 8. Let the applicants-Sayyad and Mehruddin be released on bail, on executing personal bond by each one of them and furnishing two reliable sureties by each one of them, each of like amount, to the satisfaction of Court concerned. (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=eabb68a3895e41937c266c23964c048536544 5e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.23 14:14:41 +05'30'