Extracted from the PDF above. The PDF is authoritative.
21. BA] SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
2026:UHC:2956
BA1 No.643 of 2026 Aman Vs. State of Uttarakhand Hon’ble Ashish Naithani, J.
Mr. Harshit Sanwal, learned counsel for the Applicant.
2. Mr. Vikas Uniyal, learned Brief Holder for the State.
3. Present bail application is moved by the applicant, who is in judicial custody, in connection with FIR No.212 of 2025 under Section 87, 137(2), 64(1) of Bhartiya Nyaya Sanhita and 5/6 of Protection of Children From Sexual Offence, Act, P.S. Kashipur, registered as Special Sessions Trial No.603 of 2025 before the learned FTC/ADJ/Special Court POCSO Act, Udham Singh Nagar.
4.
Learned counsel for the applicant submits that in the present matter no offence, as alleged, is made out against the applicant as the record clearly indicates that the victim on her own will accompanied the applicant forcing him with emotional blackmail that if she is not accompanied by him she will die.
5.
Learned counsel for the applicant further submits that in the statement recorded under Section 83 of the Act it is clearly indicated that during the course of the period where it is shown that the victim was living with the applicant she has categorically mentioned in her statement that she was not physically exploited by the applicant. In her statement before the Court (in camera) she has categorically denied the prosecution story and does not in any way accuses the applicant whereby it can be said
that he exploited her sexually or otherwise. It is also stated that applicant may be enlarged on bail on whatever condition the Court deems fit.
6. Learned State counsel opposed the bail application and submits that the present matter relates to a minor girl child aged about 16 and half year old and applicant abducted the victim from the local guardianship of her parents as it is indicated that the father had lodged the missing report and later the victim was found in the custody of the applicant. He submits that the matter is serious and the bail application be rejected.
7. After hearing the learned counsel for the parties, this Court thinks that the present case is fit to release the applicant on bail as the victim has denied the prosecution story and also denied any allegation as alleged against the applicant.
8. Accordingly, bail application is allowed. Let the applicant-Aman be released on bail on his executing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
(Ashish Naithani, J.)
22.04.2026 Arti