2026:UHC:3345 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.2011 of 2025 Hon’ble Alok Mahra, J. Mr. Shariq Khurshid, Advocate for the applicant. Mr. Rakesh Kumar Joshi, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.086 of 2025, under Sections 65(1), 87, 137(2) of B.N.S. and Section 5/6 of POCSO Act, registered at Police Station I.T.I., District Udham Singh Nagar. 3. An F.I.R. was lodged by the brother of the victim alleging that the applicant had enticed away his minor sister. The F.I.R. came to be registered on 23.04.2025. During the course of investigation, the victim was recovered from the company of the applicant on 25.05.2025. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; he has no criminal antecedents and has been in judicial custody since 25.05.2025. It is further contended that, in her statements recorded under Sections 180 and 183 Cr.P.C., as well as in her deposition as P.W.-1 before the Court, the victim has stated that she had accompanied the applicant of her own volition and that they had consensual physical relations on several occasions. It is also submitted that, at the time of the alleged incident, the victim was above 16 2026:UHC:3345 years of age and was capable of understanding the nature and consequences of her actions. 5. Learned State Counsel has vehemently opposed the bail application. 6. Considering the submissions advanced, the material available on record, and the fact that the victim, in her statements as well as in her testimony before the Court, has not supported the prosecution version and has attributed voluntary conduct to herself, the evidentiary foundation of the prosecution case stands substantially weakened at this stage. The applicant has no criminal history, is in judicial custody since 25.05.2025, and there is no material to indicate that he is likely to tamper with evidence or influence witnesses. The trial is likely to take considerable time for its conclusion. 7. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicant has made out a case for grant of bail at this stage. The bail application is allowed. 8. Let the applicant-Ajay Rajput be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 04.05.2026 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=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.04 18:00:23 +05'30'