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2026 DAILYLAW 390 (UTT)

FAIZAN FARUKHI v. STATE OF UTTARAKHAND

BA1/122/2026 · 2026-01-21

Alok Mahra

body2026

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 122 of 2026 Hon’ble Alok Mahra, J. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Pradeep Lohani, learned Brief Holder for the State. 3. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No. 0051 of 2025, under Sections 376 IPC and 3/4 of POCSO, registered at Police Station Mallital, District Nainital. 4. In the present case, mother of the victim lodged a missing report of her daughter on 04.11.2025, wherein, it is alleged that the daughter of the complainant who is missing since 02.11.2025 was in contact of the applicant and the applicant has enticed her daughter and abducted her. It is further alleged that daughter of the complainant is 19 years of age and they are apprehending that some mishap could occur with her. 5. Applicant and the victim were apprehended by the Police on 12.01.2026 and the victim was handed over to her parents and the applicant was taken into custody. During investigation, in the chargesheet, it has come that the victim has given a statement that the applicant and the victim were in relationship for the last 5-6 years and they also had physical relationship when the victim was 16 years of age. 6. Learned counsel for the applicant has drawn the attention of this Court to an affidavit filed by the victim, wherein, she has stated that her step-mother is continuously harassing her physically and asking her to marry a person who would provide handsome money to her. 7. Victim is present through video conferencing before this Court. She has herself submitted that her date of birth is 02.04.2007 and she is in love relationship with the applicant and they would marry soon. She has further submitted that the averments about physical relationship, which are mentioned in the chargesheet, have been made in pressure of Police and her parents. 8. Learned State Counsel, on the other hand, has vehemently opposed the bail application. 9. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 10. The bail application is allowed. 11. Let the applicant, namely Faizan Farukhi be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of the Court concerned. (Alok Mahra J.) Vacation Judge 21.01.2026 Ujjwal